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Rental operator guide · Contract
The security deposit on a boat rental: what the law says
No text sets the amount of a boat rental security deposit or the time limit for returning it. But consumer law governs the rest: the amount and the grounds for withholding must be stated, a manifestly disproportionate amount withheld is presumed unfair, a card pre-authorisation requires the customer’s consent to the exact amount, and proof of damage rests on a joint check-in and check-out inspection.
What the law requires — and what it does not
Information article, based on the official texts consulted on 26 September 2026. It replaces neither legal advice nor the opinion of the competent State services for your case.
No text specifically governs the security deposit on a rental of movable goods to a consumer: no cap, no statutory time limit for returning it. The general duty of pre-contractual information on the essential characteristics and the price applies (French Consumer Code (code de la consommation), art. L111-1): the customer must know the amount of the security deposit and the cases for withholding before signing.
Terms to avoid
The Commission des clauses abusives (the French unfair terms commission) has issued no recommendation specific to boats, but its recommendations on car rental (no. 96-02) and on self-service vehicles (no. 20-01) set the line, by analogy:
| Term to avoid | Why |
|---|---|
| Keeping the security deposit without stating its amount or limiting the grounds | Recommendation 96-02, point 7. |
| Charging for repairs based solely on the rental company’s estimate, or on an inspection not carried out jointly | Recommendation 96-02, point 43; 20-01, point 69. |
| Returning the security deposit more than eight days after the end of the rental | Recommendation 96-02, point 44. |
| A “flat-rate excess” that is in fact a penalty | Recommendation 20-01, points 72-73. |
| A manifestly disproportionate compensation amount | Presumed unfair (art. R212-2, 3°). |
| Placing on the customer a burden of proof that lies with the rental company | Prohibited (art. R212-1, 12°). |
Beyond these lists, any term that creates a significant imbalance is unfair (art. L212-1).
The card pre-authorisation: consent to the exact amount
The bank may only block funds on a card if the customer has consented to the exact amount blocked, and the funds are released without undue delay once the final amount is known (French Monetary and Financial Code (code monétaire et financier), art. L133-42 and L133-43). A “blank” pre-authorisation, with no amount, is criticised by the Commission des clauses abusives. On the data side, the card number is not kept beyond the transaction without the customer’s consent, and the security code never is (CNIL).
Proving damage: the inspection is everything
Whoever makes a claim must prove it (French Civil Code (code civil), art. 1353). The rules on hire provide that the hirer returns the item as they received it according to the inspection report (art. 1730) and is liable for damage occurring while they have use of it, unless they prove it happened through no fault of theirs (art. 1732) — articles written for leases, which the Commission applies to vehicles by analogy. In practice: an inspection at check-in and at check-out, carried out with the customer, dated, photographed and signed.
The consumer mediator, mandatory
Every consumer may use a mediator free of charge, and the business must guarantee them access to one (art. L612-1): the mediator’s contact details appear on the website, the terms and conditions and the order forms, and are repeated when a complaint fails (art. L616-1). Forgetting costs a company an administrative fine of up to €15,000 (art. L641-1).
In SunSea Hub
The security deposit amount is set before departure and shown to the customer; the card pre-authorisation is taken contactless at the dock; the check-in and check-out inspection is photographed and signed; each amount withheld is a line with its reason, approved by the rental company; the security deposit is released automatically, by default 12 hours after the return is closed. See the security deposit in SunSea Hub.
Frequently asked questions
Is there a maximum amount for a rental boat’s security deposit?
No, no text sets a cap. But a manifestly disproportionate amount withheld is presumed unfair, and the amount must be stated before signing.
How soon must the security deposit be returned?
There is no statutory time limit for movable goods; for car rental, the Commission des clauses abusives considers a refund more than eight days after the end of the rental to be unfair.
Must a rental company name a mediator?
Yes. The business must guarantee the consumer free access to a consumer mediator and display the mediator’s contact details on its website and in its terms and conditions.
Read next
Security deposit
A contactless card pre-authorisation at the dock: authorised, not debited. At return, amounts due are taken; otherwise released within 12 hours.
Check-in inspection
With Check: a photo plan per boat, inventory, fuel and engine hours, the customer’s signature at departure and return, return compared with departure.
Insurance for a boat rental company
Insuring a pleasure boat is optional in France, but harbours require it. Damage, third-party liability, the excess that often sets the deposit.
Fleet, Check, Fix and Sup — the office, dock, workshop and owner apps — are in French today. What your renters read is in English, French and German: the booking widget, quotes, payment links and messages. The rental contract is in English and French.