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Access to Tadoussac municipal wharf: cruise passenger court

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Two Tadoussac cruise companies will go to court for using the municipal wharf. The City granted the exclusivity of the port portion to AML, which is not suitable for other boatmen.

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In 2017, the municipal council of Tadoussac adopted a resolution to lease for 10 years two facades of the municipal wharf exclusively to AML, a major player in the cruise industry. The lease could be extended for another decade, possibly up to 20 years of exclusivity.

The two partners are on Estero, their ship.

Although small local whale cruising companies have coped with this decision, it doesn’t suit them as they try to make their mark in the industry.

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The number of passengers undo a deal

In 2018, AML and a local cruise company, Tadoussac Autre, however, concluded an agreement for the small company to use the port under certain conditions. One of these requirements is that the boat used by Tadoussac Otherwise will not exceed the capacity of 12 passengers.

However, due to the breakdown, Tadoussac Otherwise replaced its boat, the Frank Slim, for the Estuary, a new ship that can accommodate 36 passengers.

That’s why AML refused to share the port for the summer season, according to Florent Desrochers, who is vice president of Tadoussac Otherwise.

All of these business decisions are surprising. After 5 years of being told, “well there, little guys, remember you’re only allowed 12 passengers”.

A quote from Florent Desrochers, vice-president Tadoussac Otherwise and captain of L’Estuaire

According to him, he no longer had to ask permission from AML to have a bigger boat, because that was his business and his turnover.

Florent Desrochers prepares the Estuaire boat before going to sea.

The dispute is now before the courts. Tadoussac Otherwise disputed the lease granted by the Municipality to AML. Florent Desrochers believes it is against the law to grant exclusive rights to municipal property.

The small local company made its first legal request in 2017 that it had to resign due to lack of financial means, as a very young company, Florent Desrochers explains.

We are not anti-AML, we do not want to have exclusive use, indicates the captain of Estero.

All we want is a place, it’s a moment, it’s an hour, fifteen minutes, several times a day, to ride and get off with people who like whale watching.

A quote from Florent Desrochers, vice-president Tadoussac Otherwise and captain of L’Estuaire

The cruise line is concerned about the possible absence of competitors in the region. If we end up with a monopoly here, well prices could go up without anyone being able to decide.

For its part, AML also turned to the courts to stop the legal proceedings of Tadoussac Otherwise, defending that their delays were unreasonable.

Neither the Municipality of Tadoussac nor the AML would comment, but in a court document, lawyers for the cruise company argued that: the decision to make a boat with a larger capacity [est] concentrated economic and [fait] completely disregards the User Agreement.

A gateway that saves the company

For now, Tadoussac Otherwise must use the beach to board and disembark its passengers with the help of a small footbridge.

Estero must be anchored on the shore.  A small footbridge allows passengers to get on the boat without even dipping their feet in the water.

Without this piece of metal, the whale-watching cruise company would not be able to serve, Florent Desrochers explained.

However, although it offers a unique experience to passengers, this technique is definitely not ideal for Tadoussac Otherwise.

As for the boat, the engine, the propellers, an accident can happen very quicklylamented Florent Desrochers. We had already broken two machines to eat too much sand. It’s not in their jobadded the boatman.

A judge’s decision is expected soon in this case. If the court denies Croisières AML’s request, the attorney representing Tadoussac would otherwise affirm that his client will continue his legal proceedings to gain access to the municipal wharf.

Source: Radio-Canada

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