Why Were Boaters Renting Out Their Boats?

For many boat owners, renting out their vessel is a way to offset the high costs of maintenance and mooring. Between insurance, port fees, and annual upkeep, a boat represents a considerable investment, even when it’s not used frequently.

With these new prohibitions, some boaters may have to reconsider their nautical budget. Unable to amortize costs through rentals, some might be forced to sell their boat or reduce their presence at the port.

Beaulieu Plaisance Ends Peer-to-Peer Boat Rentals

During the latest Local Committee of Permanent Port Users (CLUPP) meeting, the Port Council of Beaulieu-sur-Mer unanimously voted for new regulations prohibiting boat rentals between private individuals. In its statement, the port management declares:

“Following repeated complaints from nautical professionals regarding the risks of unfair competitive distortions detrimental to existing activities, as well as concerns expressed by numerous boaters about conflicts of use and the lack of skills of occasional renters, it has been decided to prohibit boat rentals between private individuals. This decision aims to guarantee safety and maintain fair competition.”

Furthermore, the statement reminds that:

“Temporary Occupation Authorizations (AOT) are nominative, any subletting of the ‘cabin at dock’ type, such as ‘AirBnB,’ is prohibited on the port domain. Any activity with a view to commercial exploitation on the public domain, including maritime, must be subject to competitive bidding.”

From now on, all rentals must go through an approved professional holding a commercial AOT with the Métropole Nice-Côte d’Azur. Non-compliance with the regulations will automatically result in the termination of the annual authorization and the application of the stopover rate.

A Growing Trend

Beaulieu-sur-Mer is not an isolated case. Other ports have already implemented similar prohibitions. Among them:

• La Ciotat, where the regulations apply to all marinas belonging to the department, including La Ciotat, but also Cassis, which were among the first to react to the rise of peer-to-peer rentals.
• Arcachon, where strict measures regulate this activity.
• The marinas under the jurisdiction of the Communauté Urbaine Marseille-Provence Métropole, where the special police regulations also prohibit boat rentals between private individuals.
• La Rochelle, which plans to ban peer-to-peer rentals from June 1, 2025.

Ports Have the Right to Prohibit: A Solid Legal Basis

This prohibition is perfectly legal and based on several laws:

• The inalienability and imprescriptibility of the public maritime domain (Article L3111-1 of the General Code of Property of Public Persons) prevent any unauthorized privatization or commercial exploitation of a mooring post.
• The Transport Code (Article R5314-31) specifies that the private occupation of quayside posts is strictly regulated and cannot be transferred.
• Recent jurisprudence: the Administrative Court of Marseille condemned a boater from the port of Frioul in January 2023 for having put his boat up for rent on Airbnb, thus violating the port regulations.

Port authorities therefore have full discretion to prohibit peer-to-peer rentals and enforce sanctions, ranging from expulsion from the port to substantial fines.

A boater wishing to rent out their boat at the dock or while sailing must inform the harbor master’s office of their intention. The latter has full discretion to authorize or refuse the rental, in accordance with the regulations in force.

If the wave of restrictions continues, peer-to-peer rental platforms could see their business model challenged. The question now is: how many ports will follow the example of Beaulieu-sur-Mer and completely lock down this practice?

What is certain is that boat rentals between private individuals are under pressure. And if the ports continue to legislate in this direction, boaters will have to adapt to a new situation where only professionals will have control over the rental market.

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