I manage the security deposit myself, the main questions.

1. Can I keep the deposit as a precaution after the check-out?

In general, the inventory should always be carried out in the presence of the renter.

In exceptional circumstances, for example after a long-term rental or a late return with poor visibility, it may not always be possible to carry out a thorough inspection. 

If this is the case, it is advisable to make all possible checks and then to note down the items about which you have concerns about on the check-out.  

Please note that you then have a maximum legal period of 30 days to return the deposit to the renter. 

On the other hand, if you declare on the check-out that there is nothing to report, you cannot withhold the deposit even as a precaution.

Attention: When you make a complaint, you will not be able to use the boat until the issues have been resolved.
Otherwise, in the event of damage being found, it will unfortunately not be possible to determine whether it is the fault of the renter, and you will have to return the deposit in full.

2. What if we do not agree on the nature of the damage?

As a general rule, you should always leave the special check register (division 240) on board. 

In the event of a breakdown during the rental period, the question of liability may arise. Is it a mechanical breakdown or a handling error by the renter? 

In such a situation, you will have to prove that it was a handling error by the person in charge. Sometimes it is necessary to call in an expert to determine who is responsible. 

In the event of a disagreement over material damage, the contract is generally authoritative in the event of a dispute. It is therefore essential to complete an inventory at check-in and to mention any defects or damage already present. We also recommend that you take photos of important parts and equipment (propeller, base, scratches, or bumps already present). 

3. The repairs are less than the amount of the deposit, can I cash the entire cheque they deposited with me?

Yes, you will of course have to refund the difference to the renter. You can also offer for the renter to pay for the work directly and return the deposit.

4. How long do I have to return the deposit?

If nothing is found at the time of check-out and no complaints are mentioned on the contract, you must return the deposit at the time of the exit inventory.

5. Can I do the repairs myself?

You can do the repairs yourself. However, you can only deduct from the deposit the cost of the material purchased. You cannot deduct any amount for the time you spend on the repairs or travel costs.

6. Can I ask for more than the deposit if the repair costs are higher?

In strict compliance with the rental agreement, you cannot ask the renter to pay more for the repair of damages. 

However, if the contract is not respected, the renter may be required to pay the full amount to repair the damage. 

Example: if the boat is not returned on the agreed date and time, the renter may be liable for the extra time without the deposit constituting a limit of responsibility.

7. What is SamBoat's role when I choose to manage my deposits?

Generally, we do not become involved when the owner decides to manage his own deposit. However, we may contact you if the renter asks us to. We can act as a mediator and act as a link between you to help him or her collect receipts or proof of payments. 

8. What should I do if the renter has damaged a third party boat during the rental period?

You can only deduct an amount from the deposit for the repair of damage to the rented boat (i.e. your boat).  

If the renter damages a third party boat, you will have to report the damage to your insurance company so that a claim can be made.