In July, off Saint-Raphaël, a jet ski rented by the hour strikes a swimmer. The rental company keeps the deposit, alleges fault on the part of the hirer and refers the victim to the hirer. The hirer, in turn, maintains that the throttle lever was defective. Three legal relationships intersect: rental company and hirer, hirer and victim, rental company and victim.
Between the rental company and the hirer
The rental company must hand over a craft that is compliant, properly maintained and in working order, with its safety equipment. The hirer must use it in accordance with its intended purpose, within the authorised area, and return it in the same condition. Between them, each is liable for failure to perform its contractual obligations (Article 1231-1 of the French Civil Code).
The rental agreement sets the deposit, the insurance excess and the exclusions. Keeping the entire deposit requires proof of damage and of its amount: quotes, photographs, a joint inspection on return. A flat-rate deduction without justification may be challenged. The mechanical failure alleged by the hirer is proved by an expert examination, which should be requested before any repair.
Liability towards the victim
The victim, a third party to the rental agreement, sues in tort: fault (Article 1240 of the Civil Code), liability for things in one’s custody (Article 1242) or, for a defective craft, product liability (Articles 1245 et seq.). The pilot at fault is first in line. The rental company may be joined if it breached its own obligations: defective craft, no safety briefing, rental to a person who was manifestly unfit, unsuitable navigation area. Where two boats collide, the collision rules apply (Articles L. 5131-1 et seq. of the French Transport Code), with liability apportioned according to fault.
Insurance
A professional rental company is insured for its liability; the rental agreement often provides insurance covering the hirer, subject to an excess. The policy must be read: exclusions for alcohol, navigation outside the permitted area, piloting without the required licence. The victim may bring a direct action against the liable party’s insurer (Article L. 124-3 of the French Insurance Code).
What the firm checks first
- The rental agreement, the deposit and the insurance.
- The briefing and the hirer’s boating licence.
- The condition of the craft and the expert assessment of any failure.
- The circumstances of the accident: area, speed, conditions.
- The legal characterisation: collision or personal injury.
For the firm’s services, see Collision and Advice for shipowners and yacht owners.
Further reading
- Boat damaged during winter lay-up or in dry storage: the custodian’s liability
- Hull insurance: challenging a refusal of cover
- Accident on board a yacht: the owner’s liability to guests and crew, insurance, limitation
This analysis is part of the firm’s work in maritime law.
Frequently asked questions
Can the rental company keep the whole deposit after an accident?
It must justify the damage and its amount. A deduction without justification may be challenged.
Can the victim sue the rental company?
Yes, if the rental company itself breached its obligations; in principle, the victim sues the pilot responsible and the pilot’s insurer.
Who pays if the jet ski was defective?
As against the hirer, the rental company is liable for supplying a defective craft (Article 1231-1 of the Civil Code); as against the victim, liability is argued in tort (Articles 1240, 1242 and 1245 et seq. of the Civil Code). A prompt expert examination is essential.