Terms of use and booking

Draft for counsel. Not yet in force. Everything in [brackets] is to be completed or decided; notes for counsel are in italics.

1. Who we are

FUN is a booking platform for spaces on yachts moored on the Riviera and for a private house in Cannes, published by [company name] ("FUN", "we"). The spaces are operated by their owners (the "Owners"), listed in the legal notice.

Counsel: confirm FUN's role (intermediary, agent or reseller) and who the guest contracts with for the space, the extras and the APA. The rest of these terms assumes the contract for the space is with the Owner, arranged through FUN.

2. Who can book

You must be at least 18 and able to enter into a contract. If you book for a company or a group, you confirm you are allowed to do so on their behalf.

3. How a booking works

1. Choosing. You choose a space, a date and a time, or ask the concierge to find options. Prices are shown excluding VAT.
2. Holding. When you reserve, the space is held for you for 15 minutes. Nothing is charged.
3. Requesting. You send your details to make a booking request. The space stays held while the Owner answers, for up to [48 hours].
4. Confirmation. A booking exists only once the Owner accepts it and we confirm it to you by email. If the Owner declines, or does not answer in time, the space is released and nothing is charged.
5. Payment. [To be defined once payments are set up: deposit or full payment, when, how, and what happens if payment is late.]

4. Prices

Prices are in euros, excluding VAT; VAT is added at the rate in force [confirm the rates for each service]. Prices change with dates, demand and last-minute availability (FUN Now); the price that applies is the one shown when you send your request.

APA (Advance Provisioning Allowance). For some yacht bookings an APA is charged on top of the price, to pay for fuel, food, drinks and port costs spent on your behalf on board. Whatever is not spent is returned to you after the booking, with an account of what was spent.

Extras (catering, drinks, transfers, a DJ…) are priced as shown, may need a minimum notice, and are confirmed when you pay.

Extra crew. For large groups or long events, extra crew may be added so that the crew keep their legal rest hours; the cost is shown before you book.

5. Changes and cancellation

Counsel: to be decided with the Owners. Suggested starting point for discussion:

• By you: [free cancellation up to X days before; Y% retained up to Z days; no refund after that]. The APA not yet spent is always returned.
• By the Owner or FUN: if a confirmed booking has to be cancelled (for example for a technical fault or safety reasons), you are refunded in full, and we will offer you another date or space where we can.
• Weather and safety. The captain decides whether it is safe to go out or to stay on deck. A booking in the marina goes ahead indoors where possible.

5a. Cruising

• Cruising is not included in a room, party or event booking. It is a separate element, quoted separately on request (route, expected engine running time and fuel use) and confirmed only when you accept that quotation.
• If other guests are booked on the yacht, a cruise request stays pending while the yacht team checks the itinerary and how it affects them; they may join and share the cost, join as your guests if you cover the cost, or not join.
• Priority Cruise. When your confirmed booking value that day, including the agreed cruise, is more than 50% of the yacht's expected revenue for that day, your agreed itinerary takes priority for your booking period. You may then allow other guests to book the remaining rooms (they accept your itinerary before booking and pay their share if they join) or keep the booking private. Counsel: confirm how "expected revenue" is defined and disclosed.
• Weather permitting. All cruising is weather permitting and subject to the Captain's final decision on safety, weather, navigation, port and operating conditions; Priority status never overrides it. At or around the time of the cruise the Captain may let it proceed, amend it (route, time, duration, destination or anchoring), delay it, or cancel it.
• Refund. If the Captain cancels a cruise for weather or safety, the cruising charge only is refunded. Bad weather does not cancel your underlying room, accommodation, party or event booking, which continues as booked and is not refunded because cruising could not take place.
• Before accepting a cruise price you acknowledge: "I understand that cruising is weather permitting and subject to the Captain's final decision for safety and operating conditions. If the Captain cancels cruising because of weather or safety, the cruising charge will be refunded, but my underlying yacht/room/event booking remains valid."

Right of withdrawal. Counsel: bookings of leisure services for a specific date are generally excluded from the 14-day right of withdrawal (French Consumer Code, art. L221-28 12°). Confirm this applies and state it clearly here.

6. On board and at the house

• The number of guests may not exceed the number booked, nor the space's capacity.
• The captain, crew and the house manager may refuse or end access for safety reasons or behaviour that endangers people, the vessel or the house. [Refund in that case: none / pro rata: decide.]
• No illegal substances; smoking only where allowed; the Owner's house rules apply.
• You are responsible for damage caused by you or your guests [deposit: decide amount and process].
• Events with tickets sold to the public ("ticketed" events) must comply with the rules that apply to public events [counsel: licences, declarations, insurance].

7. Liability

Counsel: to be drafted. Points to cover: the Owner's liability for the vessel, crew and house; FUN's liability limited to its role in the booking; guests' personal belongings; insurance each party holds; nothing limits liability for death or personal injury caused by negligence, or where the law does not allow it.

8. The website and the concierge

The concierge uses artificial intelligence to read what you type and suggests options from real availability. The options are proposals; only a confirmed booking binds anyone. Photos may be enhanced with AI from real photos or show a similar space, and are marked as such.

9. Personal data

We use your details as explained in the privacy policy.

10. Complaints and mediation

Write to [contact address] first. If we cannot resolve it, you may refer the matter free of charge to the consumer mediator [name, website] (French Consumer Code, art. L612-1). Counsel: a mediator must be appointed before launch.

11. Law and courts

These terms are governed by French law. [Courts of Cannes/Grasse, subject to the rules protecting consumers.]

Version: draft, [date].