Effective date: 21 September 2026
SAS YachtME – YachtME Riviera — Simplified Joint Stock Company (SAS) with a share capital of EUR 1,000 — SIRET 105 785 950 00012 — R.C.S. Grasse — Intra-Community VAT number FR52105785950 — Registered office: 452, Route des Sausses, 06910 Le Mas, France — contact@yachtme-riviera.fr — +33 (0)7 43 70 61 32 / +33 (0)7 43 76 50 97
Preamble – Definitions
These General Terms and Conditions of Services (the “Terms”) govern the conditions under which YachtME provides its services to both professional and private Clients.
For the purposes of these General Terms and Conditions of Services, the following terms, whether used in the singular or plural, shall have the meanings set out below:
Client means any natural person or legal entity acting as the owner, co-owner, shipowner, manager, master or duly authorised representative of a Vessel who engages the Company to perform the Services.
Contract means the contractual package comprising these General Terms and Conditions of Services, the accepted Quotation, any Special Conditions, work orders, intervention reports and, more generally, any contractual document accepted by both Parties.
Quotation means the document issued by the Company describing the nature of the Services, the estimated costs, the performance arrangements and the applicable financial terms. A Quotation shall become contractually binding upon its acceptance by the Client.
Vessel means any yacht, pleasure craft, commercial vessel or other floating unit on which the Company performs the Services.
Services means all services offered by the Company, including without limitation maintenance, servicing, technical assistance, repairs, marine engineering, technical and maintenance vessel delivery, berth watch services, yacht concierge services, private chef or onboard catering services, the sale and supply of marine equipment and consumables, together with any other services expressly agreed between the Parties.
Company means YachtME SAS, or any successor entity, acting as the service provider under these General Terms and Conditions of Services.
ARTICLE 1 – Purpose
The Services include, without limitation:
- routine maintenance and mechanical repairs of pleasure craft;
- preventive and corrective maintenance;
- technical assistance and emergency repairs;
- mechanical, electrical and electronic repairs;
- vessel delivery services exclusively for maintenance, repairs and shipyard work;
- berth watch and dockside monitoring services;
- yacht concierge services;
- onboard private chef services;
- catering services;
- coordination of third-party contractors;
- the sale and supply of marine equipment, spare parts and consumables; and
- any ancillary or related services covered by a Quotation or a specific service agreement.
These Terms shall prevail over any purchasing conditions or contractual terms issued by the Client unless expressly accepted in writing by the Company.
ARTICLE 2 – Scope of application
Any order placed by the Client shall constitute full and unconditional acceptance of these Terms. These Terms apply to all Services performed by the Company, whether carried out:
- in a marina or commercial port;
- within a shipyard;
- alongside a berth;
- at anchor;
- while underway;
- or at any other location agreed between the Parties.
ARTICLE 3 – Area of operation
The Company’s usual area of operation extends throughout the Mediterranean coastline between Toulon (France) and San Remo (Italy). The Company may also agree to provide Services anywhere else within Europe, subject to:
- prior acceptance of the assignment;
- availability of its personnel;
- issuance and acceptance of a specific Quotation including all travel, accommodation, transportation and logistical expenses.
Nothing herein shall oblige the Company to accept assignments outside its usual area of operation.
ARTICLE 4 – Formation of the contract
The provision of any Services shall be subject to one of the following:
- an accepted Quotation;
- a Service Agreement; or
- a subscription agreement.
The Contract shall be deemed concluded only upon:
- execution of the Quotation or written confirmation of acceptance by the Client;
- acceptance of these Terms;
- payment of all sums due in accordance with the agreed payment terms; and
- delivery to the Company of a valid insurance certificate covering the Vessel.
Until all of the above conditions have been fulfilled, the Company shall remain free to refuse or decline any order or assignment.
ARTICLE 5 – Fees and pricing
Unless otherwise stated, all prices are expressed in Euros (EUR), either exclusive or inclusive of Value Added Tax (VAT), depending on the Client’s status and the applicable tax regulations. Quotations shall remain valid for a period of thirty (30) calendar days from their date of issue. Any additional work requested by the Client or becoming necessary during the performance of the Services shall be subject to additional charges, provided that the Client has given prior approval.
Unless expressly agreed otherwise in writing, the following costs shall remain entirely payable by the Client:
- fuel;
- road tolls;
- port dues and harbour charges;
- cargo handling or lifting operations;
- towing services;
- crane or hoisting services;
- storage costs;
- berthing or mooring fees;
- accommodation expenses for the crew where required.
ARTICLE 6 – Payment terms
Invoices shall be payable by:
- bank transfer;
- credit or debit card; or
- any other payment method accepted by the Company.
Any late payment shall automatically and without prior notice result in:
- the application of late payment interest in accordance with Article L.441-10 of the French Commercial Code;
- where the Client is acting in the course of business, the statutory fixed recovery fee of EUR 40;
- the immediate suspension of all ongoing Services.
The Company reserves the right to require full payment of all outstanding amounts before undertaking any further Services.
1. Payment Terms
The services and supplies offered by YACHTME shall be invoiced in accordance with the prices stated in the quotation, purchase order, contract or any other commercial document accepted by the Client. Unless otherwise expressly agreed in writing, invoices shall be payable using the payment methods offered by YACHTME and specified in the quotation or invoice, including bank transfer, credit or debit card, or any other payment method accepted by YACHTME. Payment must be made in accordance with the terms and deadlines specified on the invoice.
Unless otherwise provided for in the quotation, contract or invoice, services may be subject to a deposit or full payment prior to commencement, particularly where YACHTME is required to incur expenses, order parts or supplies, reserve personnel, arrange travel, a yacht delivery service or any service scheduled for a specific date. Any specific service or order may be subject to specific payment terms set out in the relevant quotation or contract.
2. Consumer Clients – B2C
For Consumer Clients, the payment deadline and terms shall be specified in the quotation, contract or invoice.
Where payment is due prior to commencement of the service, such payment shall constitute a condition precedent to the performance of the service, unless otherwise agreed in writing by YACHTME. Any late payment of an invoice that has fallen due shall automatically result, without the need for prior formal notice, in the application of late-payment penalties from the day following the due date stated on the invoice. In the event of payment by instalments, each instalment must be paid on the date specified in the quotation, contract or invoice.
In the event of late or non-payment, YACHTME may, after formal notice has remained unsuccessful, suspend or postpone the performance of any future services, subject to applicable legal provisions and without prejudice to its right to claim payment of any outstanding amounts.
Any penalties or interest applicable to a Consumer Client shall be those provided for under the applicable legal provisions. No fixed sum of forty euros (40 EUR) for recovery costs shall be charged to a Consumer Client, as this fixed indemnity applies to late payments between professionals under the conditions provided for by the French Commercial Code.
3. Professional Clients – B2B
For Professional Clients, invoices shall be payable within the period specified on the invoice, quotation or contract. Unless otherwise agreed between the parties and subject to applicable legal provisions, the payment period shall be thirty (30) days from the date of receipt of the invoice or completion of the service.
Where the parties agree on a different payment period, such period may not exceed the maximum periods permitted by law. In particular, except where otherwise provided by law, the agreed payment period may not exceed sixty (60) days from the date of issue of the invoice or, subject to the applicable legal requirements, forty-five (45) days end of month.
4. Late Payment – Professional Clients
The rate of late-payment penalties shall be set at three (3) times the French statutory interest rate in force, and shall in no event be lower than the minimum rate legally applicable. Late-payment penalties shall be calculated on the outstanding amount including VAT (TTC) and shall accrue until full payment of all amounts due. Late-payment penalties shall be payable automatically, without any reminder or prior formal notice being required.
5. Fixed Indemnity for Recovery Costs – B2B
In the event of late payment by a Professional Client, a fixed indemnity of forty euros (€40) for recovery costs shall automatically be due to YACHTME, in accordance with Article D.441-5 of the French Commercial Code. This indemnity shall be due for each invoice paid late. Where the recovery costs actually incurred exceed the amount of the fixed indemnity of forty euros (€40), YACHTME may claim additional compensation upon providing supporting evidence, under the conditions provided for by law.
6. Non-Payment or Late Payment
In the event of non-payment or late payment, YACHTME reserves the right, subject to applicable legal provisions:
- to suspend the performance of services in progress or to be performed;
- to suspend any new order or intervention;
- to demand immediate payment of all amounts that have become due and payable;
- to claim any applicable late-payment penalties and indemnities; and
- after formal notice where such notice is legally required, to terminate the contract in accordance with the provisions of these General Terms and Conditions of Services.
Suspension of services shall not release the Client from its obligation to pay any amounts already due in respect of services performed, supplies delivered, expenses incurred or orders placed.
Where YACHTME has incurred specific expenses at the Client’s request, including in particular the purchase of parts, supplies or equipment, reservations, travel expenses or third-party services, such expenses shall remain payable in accordance with the terms set out in the quotation or contract, subject to applicable legal provisions.
7. Invoice Disputes
Any dispute relating to an invoice must be notified to YACHTME in writing within a reasonable period following receipt of the invoice, specifying the grounds for the dispute and the items concerned. A dispute relating to only part of an invoice shall not suspend payment of the undisputed portion. Any dispute must be made in good faith and shall not automatically suspend the due date or enforceability of any undisputed amounts.
8. Discount for Early Payment
Unless otherwise stated in the quotation, contract or invoice, no discount shall be granted for early payment. Where early-payment discount terms are exceptionally offered, they shall be expressly stated in the relevant commercial document.
9. Reservation of Applicable Legal Provisions
The provisions of this Article shall apply subject to the mandatory provisions of the French Consumer Code, the French Commercial Code and any other applicable regulations. In the event of any conflict between these provisions and any mandatory legal provision applicable to the relevant situation, the mandatory legal provision shall prevail.
ARTICLE 7 – Yacht concierge subscriptions and renewal
The Company offers three levels of Yacht Concierge Services. The scope of each subscription package is described in the applicable Special Conditions or in the relevant Quotation, together with the applicable pricing schedule.
Subscriptions:
- are billed on a monthly basis;
- shall automatically renew unless terminated in accordance with these Terms; and
- must be paid no later than the fifth (5th) day of each calendar month.
Should payment not be received by that date, the Company may immediately suspend the Services until full payment has been received.
Term and Renewal
The subscription term, price, included services, and any applicable renewal and termination conditions shall be specified in the quotation or contract.
Where a subscription entered into with a Consumer Client (B2C) provides for automatic renewal, YACHTME shall inform the Client in writing, including by dedicated email, between three (3) months and one (1) month before the deadline for refusing renewal, of the possibility of preventing renewal and of the applicable deadline, in accordance with Article L. 215-1 of the French Consumer Code. If such information is not provided in accordance with the applicable legal requirements, the Consumer Client may terminate the contract free of charge from the date of renewal, under the conditions provided by law.
ARTICLE 8 – Ad hoc services
The Client may request individual Services on a case-by-case basis. Each assignment shall be subject either to:
- a prior Quotation; or
- written acceptance of the applicable fees.
No Service shall commence before the relevant Quotation or pricing has been expressly accepted by the Client and after receiving a payment of a 50% deposit of the price excluding VAT (HT).
ARTICLE 9 – Private chef and onboard catering services
In view of advance purchasing, reservations and the mobilisation of personnel, Private Chef and Onboard Catering Services shall be subject to the following payment conditions:
- a deposit equal to fifty per cent (50%) of the total price shall be payable upon booking;
- the remaining fifty per cent (50%) shall be paid no later than the day of the event and, in any event, prior to the commencement of the Services.
The deposit constitutes a firm and binding commitment between the Parties. Should the balance remain unpaid by the due date, the Company shall be entitled to refuse to perform the Services without incurring any liability whatsoever, and the deposit shall be retained by the Company as liquidated damages.
ARTICLE 10 – Client’s obligations
Throughout the performance of the Contract, the Client shall cooperate fully, diligently and in good faith with the Company. In particular, the Client represents and warrants that it shall:
- be the legal owner of the Vessel or otherwise hold all necessary authority or mandate to instruct the Company;
- provide accurate, complete and up-to-date information regarding the Vessel, its equipment, its general condition and any previous work likely to affect the Services;
- ensure that the Company is granted unrestricted access to the Vessel, its technical installations and all equipment necessary for the proper performance of the Services;
- provide all keys, access cards, security codes, remote controls, marina access cards and any other means required to enable the Company to perform the Services under normal conditions;
- immediately notify the Company of any defect, incident or circumstance that may affect the safety of persons, property or the Vessel;
- provide, in due time, all information, documents, authorisations and instructions required for the proper execution of the Services;
- respond promptly to any request for information, clarification or approval made by the Company;
- approve without undue delay any supplementary Quotations, spare parts orders, technical recommendations or amendments to the original scope of the Services.
Where the performance of the Services is delayed or prevented due to the Client’s failure to provide instructions, approvals, accurate information or otherwise to comply with its duty of cooperation, the contractual time limits shall automatically be suspended for the duration of such circumstances. The Company shall not be liable for any consequences arising from such delay, including, without limitation, extended completion times, unavailability of spare parts, postponement of scheduled work or any resulting additional costs.
Where applicable, any expenses incurred by the Company as a direct consequence of such suspension — including additional travel, personnel standby costs, storage charges, replacement orders or any other costs directly attributable to the Client’s delay — may be invoiced to the Client upon production of reasonable supporting evidence.
The Client shall remain solely responsible for ensuring that the Vessel complies with all applicable administrative and regulatory requirements, including, without limitation, those relating to registration, flag State requirements, mandatory safety equipment, statutory certificates and navigation authorisations. Any inaccurate information or omission liable to compromise the proper performance of the Services may result in the immediate suspension of the Company’s intervention without any entitlement to compensation.
Should the Client fail to respond within five (5) Business Days to any request for instructions or approval concerning the safety or preservation of the Vessel, the Company shall be entitled to suspend the Services until the required instructions have been received, and such suspension shall not constitute a breach of the Contract by the Company.
ARTICLE 11 – Insurance certificate
The performance of any Services is expressly conditional upon the Client providing the Company, prior to commencement of the Services, with a valid certificate of insurance covering, at a minimum, the Vessel’s third-party liability. Such certificate shall be provided before any Services are undertaken. The Company reserves the right to request any additional documentation necessary to verify the scope and validity of the insurance cover.
Should the Client fail to provide the required insurance certificate, the Company may, at its sole discretion:
- suspend the Services;
- postpone the scheduled intervention;
- cancel the order without incurring any liability whatsoever; and
- in any event, retain any deposit already paid.
The Client shall remain solely responsible for the consequences arising from inadequate or insufficient insurance coverage. The Company shall have no obligation to verify the adequacy, scope or effectiveness of the insurance maintained by the Client, such responsibility remaining exclusively with the Client.
ARTICLE 12 – Performance of the services
The Services shall be performed in accordance with good industry practice, recognised marine standards and all applicable laws and regulations.
Any completion dates or timeframes communicated by the Company are provided for guidance only and shall not be contractually binding. Such timeframes may be extended or modified due to, among other things:
- adverse weather conditions;
- port or marina operational constraints;
- decisions or restrictions imposed by maritime authorities;
- delays in the supply of spare parts;
- supplier unavailability;
- an event of Force Majeure; or
- any circumstance beyond the reasonable control of the Company.
No reasonable delay shall entitle the Client to claim compensation or damages. Any contractual time limit shall automatically be suspended during any period in which the Company is awaiting information, instructions, approvals, authorisations or documentation to be provided by the Client.
ARTICLE 13 – Weather conditions
By their very nature, marine operations are subject to prevailing weather and sea conditions.
The Company reserves the right to postpone, suspend or discontinue any Service whenever weather or sea conditions are likely to compromise:
- the safety of persons;
- the safety of the Vessel;
- the safety of property; or
- the proper performance of the Services.
Such decision may be based, without limitation, upon:
- official weather forecasts issued by Météo-France;
- navigational safety warnings issued by the competent CROSS Maritime Rescue Coordination Centres;
- instructions or recommendations issued by the relevant port authorities; or
- any other recognised official source of meteorological or navigational information.
Any postponement due to weather conditions shall not constitute a breach of the Contract nor give rise to any liability on the part of the Company. Subject to the Parties’ respective availability, the affected Services shall be rescheduled within one (1) month from the originally scheduled date. Should the Parties fail to agree upon a new date within such period, they shall determine the applicable financial consequences having regard to the nature of the Services concerned.
Conversely, cloudy or rainy weather which does not prevent the safe operation or navigation of the Vessel shall not constitute valid grounds for cancellation and shall not entitle the Client to any refund.
ARTICLE 14 – Yacht delivery – Movements exclusively for repair, maintenance or shipyard work
Yacht delivery services provided by YACHTME are carried out exclusively in connection with repair, maintenance, servicing or shipyard operations. They do not constitute a commercial passenger or passenger transport service.
The Client represents and warrants that the Vessel is:
- seaworthy;
- fully compliant with all applicable administrative and regulatory requirements;
- properly insured for the intended voyage; and
- fitted with all mandatory safety equipment.
The Company reserves the right to refuse any delivery assignment whenever the condition of the Vessel is considered incompatible with safe navigation under normal operating conditions.
The selection of the route, ports of call, timetable and any postponement or deviation shall remain entirely at the discretion of the Captain assigned to the delivery, who shall make any decision deemed necessary in the interests of maritime safety and prudent seamanship.
ARTICLE 15 – Berth watch services
Berth Watch Services consist exclusively of periodic inspection visits carried out at the frequency specified in the applicable Contract or subscription agreement.
Unless otherwise expressly agreed, such Services include:
- a general visual inspection of the Vessel;
- inspection of mooring lines;
- inspection of fenders;
- verification of apparent access points;
- visual inspection for any obvious water ingress; and
- reporting any visible anomaly observed during the inspection.
These Services do not constitute continuous surveillance, permanent security services or onboard guarding. Accordingly, the Company does not guarantee protection against theft, vandalism, malicious acts or damage caused by third parties.
ARTICLE 16 – Maintenance, servicing and repairs
Maintenance and servicing operations shall be carried out, where available, in accordance with the relevant manufacturer’s recommendations and specifications.
The Company may suspend its work whenever completion of the Services requires:
- additional operations;
- additional spare parts;
- unforeseen technical investigations; or
- the preparation and acceptance of a supplementary Quotation.
Any defect, malfunction or damage discovered after the initial Quotation has been issued and which could not reasonably have been identified beforehand shall be notified to the Client without undue delay. Failure by the Client to respond shall not constitute acceptance of any proposed additional work. No additional repairs shall be undertaken without the Client’s prior approval unless immediate intervention is reasonably necessary to protect the safety of the Vessel or persons on board.
ARTICLE 17 – Spare parts and marine supplies
Title to all spare parts, equipment and marine supplies supplied by the Company shall remain vested in the Company until full payment of the relevant invoice has been received.
Upon the Client’s request made before completion of the Services, any replaced parts may be returned to the Client.
Any warranty applicable to spare parts or equipment supplied by the Company shall be limited exclusively to the manufacturer’s warranty, where applicable. The Company shall not be liable for any manufacturing defect affecting parts or equipment supplied by third-party manufacturers.
ARTICLE 18 – Sea trials
Where the nature of the repairs or maintenance so requires, the Company may carry out one or more sea trials. Such sea trials shall be conducted solely for the purpose of verifying the proper operation of the equipment, systems or components that have been repaired, serviced or replaced.
Unless the Client has expressly objected in writing prior to the commencement of the Services, the Client shall be deemed to have authorised the Company to conduct such sea trials upon acceptance of the Quotation. Any fuel consumed during the sea trials shall be borne exclusively by the Client.
ARTICLE 19 – Subcontracting
The Company may subcontract all or part of the Services to any qualified subcontractor of its choosing possessing the necessary expertise and professional qualifications. The Company shall remain responsible for the proper performance of the subcontracted Services, subject to the limitations of liability set out in these Terms.
ARTICLE 20 – Duty of reasonable skill and care
The Company undertakes to perform the Services with the degree of skill, care, diligence and professionalism reasonably expected from an experienced provider of marine and yachting services. Unless otherwise required by mandatory provisions of applicable law, the Company’s obligations constitute an obligation to exercise reasonable skill and care and shall not be construed as an obligation to achieve any particular result.
Accordingly, the Company does not warrant:
- the permanent elimination of any defect where such defect results from general wear and tear, an inherent design defect or any cause unrelated to the Company’s intervention;
- the availability of spare parts from manufacturers;
- suppliers’ procurement or delivery times;
- weather or sea conditions;
- decisions taken by administrative, maritime or port authorities; or
- the Vessel’s performance following completion of the Services where such performance depends upon factors beyond the scope of the Company’s intervention.
ARTICLE 21 – Condition report, photographs and service report
In order to ensure traceability of the Services performed and to prevent any dispute concerning the condition of the Vessel, the Company may carry out a condition survey before, during and after the performance of the Services, including the taking of photographs and/or video recordings of the Vessel, its equipment and the areas concerned by the Services. Such material may be incorporated into a Service Report provided to the Client or retained by the Company as evidence of the Vessel’s condition and the Services performed.
Photographs and video recordings shall be used exclusively for the following purposes:
- documenting the apparent condition of the Vessel at the time of the intervention;
- evidencing the Services performed;
- facilitating the technical follow-up of maintenance and repair operations; and
- establishing evidence in the event of a claim, amicable settlement, judicial proceedings or insurance notification.
The Company undertakes not to disclose such photographs or video recordings to any third party, nor to use them for commercial or advertising purposes without the Client’s prior written consent, unless the material has been anonymised so that neither the Vessel nor its owner can be identified.
The Client acknowledges that the Company may retain such material for the period reasonably necessary to manage the contractual relationship and to protect or enforce its legal rights, in accordance with applicable data protection legislation. Such photographs and video recordings may be produced before any competent court or tribunal as evidence.
ARTICLE 22 – Liability
The Company shall only be liable where the Client establishes fault directly attributable to the Company. In all circumstances, the Company’s liability shall be limited exclusively to direct, foreseeable, certain, personal and material loss directly resulting from the Company’s failure to perform, or improper performance of, the Services.
Except in cases of gross negligence, wilful misconduct or where otherwise prohibited by mandatory law, the Company shall not be liable for any indirect, consequential or economic loss, including, without limitation:
- loss of use of the Vessel;
- loss of revenue;
- loss of profit;
- business interruption;
- cancellation of a cruise or voyage;
- cancellation of a yacht charter;
- reputational damage;
- loss of commercial opportunity;
- accommodation or relocation expenses;
- crew replacement costs; or
- any other indirect financial loss.
Except in cases of gross negligence or wilful misconduct, the Company’s aggregate liability arising out of or in connection with the Services shall not exceed the amount (excluding VAT) paid by the Client for the specific Service directly giving rise to the loss.
Nothing in these Terms shall exclude or limit liability for death or personal injury, or for any liability which cannot lawfully be excluded or limited under applicable law.
ARTICLE 23 – Force majeure
The Company shall not be liable for any failure or delay in the performance of its obligations where such failure or delay results from an event of Force Majeure within the meaning of Article 1218 of the French Civil Code.
Events of Force Majeure shall include, without limitation:
- exceptional adverse weather conditions;
- storms;
- gale or heavy swell warnings;
- administrative closure of a port or marina;
- navigation bans or restrictions;
- pandemics;
- general strikes;
- war;
- acts of piracy;
- governmental requisition;
- natural disasters;
- widespread failure of electrical or telecommunications networks; or
- the unforeseen unavailability of a key supplier.
The obligations of both Parties shall be suspended for the duration of the Force Majeure event. Any contractual performance period shall automatically be extended by a period corresponding to the duration of the event preventing performance.
ARTICLE 24 – Cancellation of services
Any Services already performed shall remain fully payable.
Any request for cancellation must be submitted in writing. The effective date of cancellation shall be the date on which the Company receives the written notice.
Where the Client cancels the Services, the following cancellation charges shall apply:
| Time before scheduled Service | Cancellation Charge |
|---|---|
| 90 days or more | EUR 150 (incl. VAT) administrative fee |
| 60 to 89 days | 25% of the Service Price |
| 30 to 59 days | 50% of the Service Price |
| 15 to 29 days | 75% of the Service Price |
| Less than 15 days | 100% of the Service Price |
Where expenses have already been incurred on behalf of the Client, including without limitation special purchases, reservations, spare parts orders, food supplies, personnel bookings or equipment reservations, such costs shall remain fully payable by the Client upon presentation of appropriate supporting documentation.
Should the Company cancel the Services for reasons other than Force Majeure, all sums paid by the Client shall be reimbursed in full, and the Company shall further pay compensation equal to the amount the Client would have borne under the above schedule had the Client cancelled on the same date.
ARTICLE 25 – Termination of yacht concierge subscriptions
Either Party may terminate a Concierge Subscription by giving not less than thirty (30) days’ prior written notice, unless a fixed contractual term has been expressly agreed. In the event of a serious or repeated breach of the Contract by the Client, including, without limitation, non-payment, the Company may suspend or terminate the Subscription after serving formal written notice which remains unremedied for fifteen (15) days, unless the circumstances justify immediate termination. Any Services already performed shall remain fully payable.
1. Termination by the Client
The Client may terminate the subscription in accordance with the terms and notice period specified in the contract.
For Consumer Clients (B2C), where termination by electronic means is legally applicable, YACHTME shall provide a free online functionality enabling the Client to complete the necessary termination procedures. YACHTME shall confirm receipt of the termination request and inform the Client, on a durable medium, of the effective termination date and its consequences.
For Professional Clients (B2B), termination shall be carried out in accordance with the terms, contractual duration and notice period specified in the quotation or contract. Unless otherwise provided by law or contract, early termination of a fixed-term subscription shall not release the Client from payment of the amounts contractually due until the end of the agreed term.
2. Termination by YACHTME
YACHTME may terminate the contract in the event of a serious or repeated breach by the Client of its contractual obligations, including non-payment or late payment, abusive or threatening behaviour, a request for an unlawful service, or failure to comply with the contractual terms. Except in cases of urgency, impossibility or particularly serious breach, YACHTME shall first give formal notice to the Client to remedy the breach within a reasonable period.
3. Effects of Termination
Termination shall not affect any amounts due in respect of services already performed, subscriptions already accrued, expenses incurred, purchases, supplies, reservations, travel expenses or third-party services ordered on behalf of the Client. YACHTME shall cease providing subscription services as of the effective termination date, unless otherwise agreed between the parties. Termination shall not affect any rights or obligations which, by their nature, are intended to survive termination of the contract.
4. Applicable Legal Provisions
The provisions of this Article shall apply subject to the mandatory provisions of the French Consumer Code, the French Commercial Code and any other applicable regulations. In the event of any conflict between these provisions and any mandatory legal provision applicable to the Client or the contract concerned, the mandatory legal provision shall prevail.
ARTICLE 26 – Liquidated damages – Unfair conduct
The Client shall refrain from engaging in any conduct likely to prejudice the Company’s legitimate business interests. Without limitation, the following shall constitute unfair conduct:
- knowingly providing false or misleading information;
- deliberately concealing information material to the proper performance of the Services;
- directly soliciting or recruiting, during the term of the Contract and for a period of twelve (12) months thereafter, any employee, contractor or subcontractor of the Company with a view to employing them or engaging their services outside the Company;
- circumventing the Company in order to contract directly with any supplier, contractor or service provider introduced or appointed by the Company; or
- engaging in any conduct intended to avoid or evade payment for the Services.
In the event of such breach, the Client shall be liable to pay liquidated damages equal to twenty per cent (20%) of the total amount (excluding VAT) of the Services concerned, subject to a minimum amount of EUR 500 (excluding VAT), without prejudice to the Company’s right to seek full compensation for any loss exceeding such amount. Nothing in this clause shall prevent the competent court from reducing the amount of such liquidated damages where permitted under Article 1231-5 of the French Civil Code.
The provisions of this Article shall apply only to Clients acting in the course of business.
ARTICLE 27 – Confidentiality
Each Party undertakes to keep strictly confidential all technical, commercial, financial, personal or other confidential information disclosed by the other Party in connection with the performance of the Contract. Neither Party shall disclose such information to any third party, except where required by law or where disclosure is necessary for the performance of the Contract.
This confidentiality obligation shall survive for a period of five (5) years following the termination or expiry of the contractual relationship.
ARTICLE 28 – Personal data protection
Any personal data collected by the Company shall be processed in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR) and all applicable French data protection legislation. Such personal data shall be used solely for the purposes of managing the contractual relationship, invoicing and performing the Services.
Data subjects shall enjoy the rights of access, rectification, erasure, restriction of processing, data portability and objection in accordance with applicable legislation.
ARTICLE 29 – Governing law
These General Terms and Conditions of Services, together with all Contracts entered into between the Company and the Client, shall be governed by and construed in accordance with the laws of France, irrespective of the Vessel’s flag, port of registry or the place where all or part of the Services are performed, subject to any mandatory provisions of law from which the Parties may not lawfully derogate.
This choice of law is made pursuant to Article 3 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 (“Rome I”) on the law applicable to contractual obligations.
The Parties acknowledge that this choice of law shall not prevent the application, where appropriate, of overriding mandatory provisions of the country in which the Services are performed, in accordance with Article 9 of the Rome I Regulation, nor of any mandatory consumer protection legislation applicable to the Client.
ARTICLE 30 – Dispute resolution – Jurisdiction
The Parties shall endeavour to resolve amicably any dispute arising out of or in connection with the interpretation, validity or performance of these Terms.
Failing amicable settlement, and subject to any mandatory rules governing jurisdiction, any dispute shall fall within the exclusive jurisdiction of the Commercial Court of Cannes (France) where the Client is acting in the course of business, including in the event of multiple defendants or third-party proceedings.
Where the Client is a consumer, the applicable jurisdiction shall be determined in accordance with the mandatory provisions of the French Consumer Code and the French Code of Civil Procedure.
Disputes – Consumer mediation
In the event of a dispute between the Client and the Company, the parties shall endeavour to resolve the matter amicably. The Client shall first submit a written complaint to the Company or, where applicable, to the Company’s Customer Relations Department.
If no amicable agreement can be reached, or if the Company fails to respond within a reasonable period of one (1) month, the Client qualifying as a consumer within the meaning of Article L.612-2 of the French Consumer Code may, if the disagreement persists, refer the matter free of charge to the competent consumer mediator listed by the Commission for the Evaluation and Control of Consumer Mediation, pursuant to Article L.615-1 of the French Consumer Code, namely:
La Société Médiation Professionnelle — www.mediateur-consommation-smp.fr — Alteritae, 5 rue Salvaing, 12000 Rodez, France
ARTICLE 31 – Language – Prevailing version
These General Terms and Conditions of Services have been drafted in the French language. An English version or any translation into another language may be provided solely for information and convenience purposes.
The Parties expressly acknowledge and agree that the French version constitutes the sole original and legally binding version of these Terms. Accordingly, in the event of any discrepancy, inconsistency, ambiguity or conflict of interpretation between the French version and any translated version, the French version shall exclusively prevail.
The Parties further agree that only the French version may be relied upon in any judicial, arbitral or administrative proceedings.
ARTICLE 32 – Order of precedence of contractual documents
In the event of any inconsistency or conflict between these Terms, an accepted Quotation, a Service Agreement or any Special Conditions, the following order of precedence shall apply:
- The Special Conditions or the executed Service Agreement;
- The accepted Quotation;
- These General Terms and Conditions of Services.
Schedules, work orders, service reports and intervention reports signed by the Parties shall form an integral part of the Contract.
ARTICLE 33 – Pre-contractual information (consumer clients)
Where the Client qualifies as a consumer under the French Consumer Code, the Company shall provide, prior to the conclusion of the Contract, all information required pursuant to Articles L.111-1 et seq. of the French Consumer Code, including in particular:
- the essential characteristics of the Services;
- the price of the Services or the method by which such price is calculated where it cannot reasonably be determined in advance;
- the payment terms and performance arrangements;
- the identity and contact details of the Company;
- the applicable statutory warranties; and
- where applicable, the conditions governing termination of the Contract.
The Client acknowledges having received such information prior to entering into the Contract.
ARTICLE 34 – Right of withdrawal
Where the Client benefits from a statutory right of withdrawal under the French Consumer Code, such right may be exercised in accordance with Articles L.221-18 et seq. thereof.
However, pursuant to Article L.221-28 of the French Consumer Code, the right of withdrawal shall not apply in those cases where the law expressly excludes it, including where:
- the Services have been fully performed before expiry of the withdrawal period following the Client’s prior express request and express waiver of the right of withdrawal;
- the Services concern the supply of foodstuffs or other goods liable to deteriorate or expire rapidly; or
- any other statutory exception applies.
Where the Client expressly requests that performance of the Services commence before expiry of the withdrawal period, the Client acknowledges that, if the Services are fully performed before expiry of that period, the right of withdrawal shall automatically lapse in accordance with applicable law.
1. Scope
This Article distinguishes between the rules applicable to Consumer Clients (“B2C”) and Professional Clients (“B2B”).
The services offered by YACHTME may include, without limitation:
- yacht and yacht equipment repair, breakdown assistance and diagnostics;
- technical maintenance and servicing;
- technical assistance and onboard interventions;
- cleaning, washing, detailing and cosmetic maintenance;
- yacht delivery exclusively for repair, maintenance, servicing or shipyard operations and nautical assistance;
- yacht monitoring, inspection and follow-up;
- management and coordination of nautical services;
- concierge services;
- provisioning and supplies;
- supply of parts, equipment and nautical supplies;
- onboard chef and catering services;
- as well as any other service or supply offered by YACHTME.
The rules applicable to the right of withdrawal shall be determined according to the Client’s status, the nature of the service, the conditions under which the contract was entered into and any exceptions provided for by applicable legislation.
2. Consumer Clients – B2C
Where the Client qualifies as a consumer under the French Consumer Code and the contract is entered into at a distance or off-premises, the Client shall, unless an exception provided for by law applies, have a period of fourteen (14) days from the conclusion of the contract to exercise their right of withdrawal. The Client shall not be required to provide any reason for exercising this right or bear any costs other than those which may be expressly provided for by applicable legislation.
The right of withdrawal may, in particular, apply to the following services:
- repair, breakdown assistance and technical diagnostics;
- maintenance and servicing;
- cleaning and detailing;
- technical assistance;
- monitoring and inspection;
- concierge and management services;
- provisioning and supplies;
- onboard chef and catering services;
- as well as any other service,
provided that the statutory conditions for exercising the right of withdrawal are met.
3. Request for Performance Before Expiry of the Withdrawal Period
The Consumer Client may expressly request that performance of the service begin before expiry of the statutory fourteen (14) day withdrawal period.
Where the Client subsequently exercises their right of withdrawal after performance has begun but has not been fully completed, the Client shall remain liable for the amount corresponding to the services actually performed up to the date on which the Client communicates their decision to withdraw, calculated proportionately to the total agreed price, in accordance with applicable law.
For repair, breakdown assistance, diagnostic or technical intervention services, this provision may apply where the Client expressly requests that the intervention take place before expiry of the withdrawal period.
Where the service is fully performed before expiry of the withdrawal period, at the Client’s express request and after the Client has expressly acknowledged that they will lose their right of withdrawal once the service has been fully performed, the right of withdrawal may no longer be exercised.
4. Services Subject to a Statutory Exception
Certain services offered by YACHTME may be excluded from the right of withdrawal where an exception provided for by the French Consumer Code applies. This may include, depending on the circumstances and the statutory conditions applicable, certain services:
- fully performed before expiry of the withdrawal period at the Client’s express request;
- to be performed on a specific date or during a specific period;
- whose nature or method of performance falls within a statutory exception;
- as well as any other service for which the French Consumer Code expressly provides for an exclusion from the right of withdrawal.
Where such an exception applies, YACHTME shall inform the Client before the contract is entered into. The mere fact that a service is mentioned in these General Terms and Conditions shall not, in itself, be sufficient to exclude the right of withdrawal. The relevant statutory exception must apply to the specific circumstances of the contract concerned.
5. Repair, Breakdown Assistance and Technical Intervention Services
Requests for repair, breakdown assistance, diagnostics or technical intervention may require prompt action at the Client’s request. Where the Consumer Client expressly requests that the intervention take place before expiry of the statutory withdrawal period, YACHTME may commence performance of the service in accordance with applicable legal provisions.
Work, travel expenses, diagnostics, labour hours, supplies, parts or any other services actually provided before the exercise of any right of withdrawal may give rise to payment of the corresponding amount, in accordance with the French Consumer Code. Where the intervention is fully completed under the conditions legally permitting the loss of the right of withdrawal, such right may no longer be exercised.
6. Yacht Delivery for Repair or Maintenance, Nautical Assistance and Other Nautical Services
Where yacht delivery carried out in connection with repair, maintenance, servicing or shipyard operations, nautical assistance, monitoring or other nautical services are booked for a specific date or period, any exceptions to the right of withdrawal provided for by the French Consumer Code may apply.
YACHTME shall specify, before the contract is entered into, the specific terms and conditions applicable to the service concerned. Any cancellation or postponement conditions provided for in the quotation or contract shall remain applicable, subject to mandatory statutory provisions.
7. Onboard Chef, Catering and Provisioning Services
Onboard chef, catering, provisioning and supply services may be organised for a specific date or period and may, depending on their precise nature and the circumstances of their performance, fall within statutory exceptions to the right of withdrawal.
Where the Client requests a customised service or performance before expiry of the statutory withdrawal period, the applicable provisions shall be communicated to the Client before the contract is entered into.
8. Exercise of the Right of Withdrawal
Where the right of withdrawal applies, the Client may exercise it before expiry of the statutory period by sending YACHTME an unequivocal statement expressing their decision to withdraw from the contract. The withdrawal request may be submitted:
- by email to the address specified in these General Terms and Conditions;
- by post to the address specified in these General Terms and Conditions; or
- where the contract was entered into online and applicable regulations so require, through the withdrawal functionality made available on YACHTME’s website.
The Client may use the standard withdrawal form provided by YACHTME, although use of this form is not mandatory. The date on which the withdrawal request is sent shall be taken into account in accordance with the applicable statutory provisions.
9. Refund
Where the right of withdrawal is validly exercised, YACHTME shall refund the amounts due to the Client in accordance with the conditions and time limits provided for by the French Consumer Code.
Where performance of the service has begun at the Client’s express request before expiry of the withdrawal period, the amount corresponding to the services actually performed prior to withdrawal may be deducted from the refund, in accordance with applicable legal provisions.
10. Professional Clients – B2B
The statutory right of withdrawal provided for under the French Consumer Code for the benefit of consumers shall not apply to Professional Clients acting in the course of their professional activities. Professional Clients therefore do not benefit from the statutory fourteen (14) day withdrawal period applicable to consumers, unless otherwise provided for by mandatory statutory provisions.
For Professional Clients, any cancellation, amendment, postponement or termination of a service shall be subject to the terms and conditions set out in the quotation, purchase order, contract and these General Terms and Conditions. Such terms and conditions may, in particular, provide for cancellation fees corresponding to services already performed, travel expenses incurred, parts or supplies ordered, reservations made or any other costs actually incurred by YACHTME, subject to applicable legal provisions.
11. Compliance with Mandatory Legal Provisions
The provisions of this Article shall apply subject to the mandatory provisions of the French Consumer Code and any other applicable legislation or regulations. In the event of any change in applicable legislation, the mandatory legal provisions in force shall prevail over any provision of these General Terms and Conditions to the contrary.
ARTICLE 35 – Statutory warranties
Where the Company supplies goods to a Client acting as a consumer, the Client shall benefit from the statutory warranties provided under Articles L.217-3 et seq. of the French Consumer Code and Articles 1641 et seq. of the French Civil Code.
Any manufacturer’s commercial warranty shall apply in addition to, and shall not replace or restrict, the statutory warranties provided by law.
ARTICLE 36 – Final provisions
Failure by the Company, at any time, to enforce any provision of these Terms shall not constitute a waiver of its right subsequently to enforce the same provision or any other provision.
Any provision of these Terms which is contrary to mandatory consumer protection legislation shall apply only to Clients acting in the course of business to the extent permitted by applicable law.
Should any provision of these Terms be held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall, to that extent only, be deemed severed, and the remaining provisions shall remain in full force and effect.
The headings contained in these Terms are inserted for convenience only and shall not affect their interpretation.
These General Terms and Conditions of Services supersede and replace all previous versions with effect from their date of entry into force.