Usage fees for the equipment and facilities of the Port of Golfe-Juan, as well as parking fees and occupancy fees, are payable by the person who requested them (hereinafter “the client” or “the beneficiary”). Owners, captains, shipowners or ship agents of vessels must provide the concessionaire, within a maximum of 48 hours after the vessel’s departure, with copies of customs declarations (D.N. and D.2), enabling the concessionaire to issue invoices for equipment fees relating to passengers, goods and vessels. After this deadline, the concessionaire may charge a penalty of 20 euros per document and per day of delay. This amount is increased to 50 euros per document and per day of delay in the case of a regular service.
Payment methods
Payment for services must be made, unless otherwise provided by contract or purchase order, in full and in a single instalment. Payments must indicate the corresponding invoice number and may be made:
• by bank or postal cheque made payable to “SAS VP GOLFE JUAN”,
• by bank card,
• by bank transfer; for transfers from abroad, clients must specify “fees payable by the sender”,
• by direct debit from a bank account,
• by remote payment (VAD),
• by cash payment in euros within the following limits:
– 1,000 euros for a client with tax residence in France,
– 1,000 euros for a professional expense if the client has tax residence abroad,
– 15,000 euros for a personal expense if the client has tax residence abroad.
Commercial instruments (drafts, promissory notes, bills of exchange, etc.) are not accepted. No discount is granted for early payment.
Furthermore, the beneficiary of the port’s services (hereinafter “the client”) undertakes to pay the full invoiced amount as well as any sums provided for in the port’s tariffs, schedules, deliberations or other decisions duly adopted through the tariff-setting and approval process.
Amounts paid for services are non-refundable, even in the event of cancellation or interruption at the client’s initiative, except in cases of force majeure as defined by French case law and duly proven.
Invoice recovery
Fees are payable on the date shown on the invoice.
For preferential tariffs, fees payable by vessels must be paid in advance for the period requested by the client and subsequently adjusted for the authorised period. Failure to comply with these conditions will result in the application of the standard tariff.
Penalties for late or non-payment
In the event of late or non-payment, the client shall owe, in accordance with legal provisions, late payment penalties on all overdue amounts at a rate equal to three times the legal interest rate in force on the due date, without the need for a reminder (Art. L441-6 of the French Commercial Code). These penalties are in addition to any contractual penalty clause or other sums contractually provided for by the concessionaire.
Such delay will also result in the immediate and irreversible cancellation of any price reductions previously granted to the client and will trigger acceleration of all outstanding amounts. The file will be transferred to the debt recovery department, which will recover the full amount owed by any legal means.
All costs related to the procedure will be borne entirely by the debtor, in addition to a fixed recovery fee of €58 per overdue invoice. Notifications are sent to the address of the persons liable for the fee (owners, captains, shipowners or ship agents for vessel-related fees; owners or consignees of goods for goods-related fees) and, where applicable, to the person who requested or benefited from the use of the facilities.
In the event of partial payment, amounts will be allocated in priority to:
• recovery costs,
• late payment interest,
• principal.
Payments recovered through legal proceedings will be allocated to the oldest invoices first.
The concessionaire reserves the right to terminate the contract automatically due to failure to pay within the required deadlines, without notice or formalities.
The concessionaire also reserves the right to refuse performance to a client who has previously failed to meet payment obligations, unless the client provides reliable financial guarantees or pays in cash.
Conservation costs
In addition to the fees payable, any expenses incurred by the concessionaire for the safekeeping of vessels, motor vehicles, trailers or equipment will be charged to the client.
Removal and impoundment in case of non-payment
Any vessel, motor vehicle, trailer, equipment or machinery for which the client has not settled the debt may be moved and impounded at the owner’s expense, risk and peril, without the concessionaire being held liable for theft, lack of maintenance, damage or partial or total destruction of the impounded items.
Likewise, the concessionaire may request port officers or supervisors to authorise the urgent removal of a vessel afloat and place it, at the owner’s expense, risk and peril, at any location deemed appropriate, without prejudice to any damages that may be claimed due to non-payment.
Miscellaneous provisions
Any client responsible for difficulties in settling debts related to the use of equipment and facilities of the Port of Golfe-Juan, or related to parking or occupancy fees, will subsequently be refused access to port facilities, except in emergencies as assessed by port police officers and subject to admission orders.
The concessionaire may require a security deposit, the amount of which it is free to determine, to cover risks of damage or disappearance of equipment and facilities made available to the client. The deposit will only be refunded after the vessel’s departure has been confirmed, the proper functioning of equipment and facilities has been verified, and all port fees have been paid.
Liability
The concessionaire implements all necessary means to ensure the optimal validity of the services provided.
Intellectual property rights
The concessionaire retains all intellectual property rights that may be attached to its services. Any reproduction or redistribution of all or part of the documents or media is strictly prohibited without the concessionaire’s prior written authorisation.
Applicable law and jurisdiction
Any dispute relating to the services provided by the concessionaire shall be subject, by express agreement between the parties, to French law and to the exclusive jurisdiction of the judicial courts of the Alpes-Maritimes, notwithstanding multiple defendants or third-party claims. This provision also applies in summary proceedings.
Termination
In the event of the client’s failure to comply with contractual obligations or port regulations, the concessionaire may terminate the Contract and require the immediate departure of the vessel. The client must remove the vessel within one month following notification of the termination decision. Failing this, the vessel may be hauled out at the client’s expense, risk and peril.
Termination under this article is without prejudice to any actions permitted by law or contract, including claims for damages.
By express agreement, all services actually provided by the concessionaire shall remain payable by the client. In the event of early termination by the client, amounts already paid shall remain with the concessionaire, except in cases of force majeure as defined by French case law and duly proven, in which case only the sums corresponding to services not yet performed will be refunded.