At the moment the vessel is made available to the lessee, the lessee shall deliver the security deposit to the lessor, to respond to any liabilities that may arise in connection with the lease.
The security deposit shall be paid in cash, by certified check, or by bank transfer prior to embarkation and shall be returned to the lessee as soon as possible, upon verification of the absence of any liabilities for which it may be liable. The deposit will not be refunded upon disembarkation but as soon as possible, as soon as the vessel can be inspected.
Any failure by the lessee to make payment of the rent or deposit the security deposit in the agreed terms and deadlines shall automatically render the contract ineffective, without prejudice to the fact that any amounts the lessee may have delivered at the time of the breach shall remain the property of the lessor as compensation for damages.
DOCUMENTATION
At least four weeks prior to the embarkation date, the lessee shall send the lessor the following documentation:
- The signed lease agreement on all pages.
- Crew list.
- Copy of the skipper's ID card.
- Copy of the skipper's nautical license.
The absence of any of the documents indicated within the specified timeframe shall render the contract ineffective, without prejudice to the fact that any amounts delivered by the lessee up to that moment shall remain the property of the lessor.
DELIVERY OF THE LEASED VESSEL
The lessor undertakes to make the leased vessel available to the lessee on the day, time, place, and for the period specified in this contract, ready for navigation, with full water and fuel tanks, and equipped with the equipment, rigging, and supplies detailed in the attached inventory, all of them in good working order.
If, due to circumstances beyond the lessor's control, the lessor is unable to make the leased vessel or a similar one available to the lessee on the agreed date, the contract shall be terminated with a full refund of the amount received plus compensation of 10 percent of that amount as damages. This compensation is agreed as the maximum liability of the lessor, who shall be fully released from it if at least one week prior to the scheduled start of the lease, the lessor notifies the lessee of the impossibility of making the leased vessel or a similar one available.
Upon delivery of the vessel, the lessor and lessee shall jointly inspect the proper functioning of the technical and mechanical elements, as well as the good condition of the equipment, rigging, and supplies. The lessee shall sign his/her agreement in this regard.
Once the vessel has been made available to the lessee, the lessee shall not be entitled to any compensation or partial refund of the price, even if due to breakdown or force majeure, the planned journey cannot be carried out, regardless of the time when such circumstances occur.
INSURANCE
The leased vessel is covered by the following insurances:
- Comprehensive insurance with English coverage and water sports.
Beyond the coverage provided by the above insurances, the lessee shall be personally and directly responsible for any liabilities of any kind (including financial) that may arise from the use of the leased vessel while it is in his/her possession, i.e., from the moment of its delivery until the end of the lease or, where applicable, until its effective return to the lessor.
In any case, the lessee's liabilities of any kind shall be covered in the first instance by the deposited security deposit, taking precedence over the insurance coverage, which shall only be applicable when the deposited security deposit is not sufficient to cover the lessee's total liability.
Consequently, upon the identification of any liability for which the lessee is responsible, the lessor is authorized.
BOAT SKIPPER
The lessor may refuse to make the vessel available if the lessee or the skipper appointed by the lessee lacks the necessary knowledge, qualifications, or experience to safely navigate the intended route. In this case, the lessor may terminate the lease agreement, keeping the amounts already paid by the lessee up to that point.
USE OF THE VESSEL
The lessee shall use the leased vessel exclusively for recreational cruising or pleasure, and it is strictly prohibited to use the vessel for any commercial activity or participate in regattas.
Subleasing or assigning the leased vessel is strictly prohibited.
The lessee agrees not to exceed the authorized number of persons on board (a maximum of twelve).
The lessee undertakes to use the vessel with the care of a competent sailor, respecting common navigation rules, as well as those established or issued by the competent authority, and will be held responsible for any non-compliance.
In case of a weather report indicating danger, the lessee agrees to stay in port or head to a safe harbor. Furthermore, the lessee commits to not leaving the vessel unattended at any time without proper supervision on board.
The lessee shall regularly inform the lessor of the vessel's status.
It is the lessee's obligation to complete and pay for customs and port procedures.
The vessel has a logbook that must be filled out daily according to navigation norms and practices, including recording the daily distance covered and hours of motor operation using the onboard clocks specifically designated for the vessel's engines.
The lessee commits to faithfully follow the instructions provided in the vessel's user manual, which is provided along with the onboard inventory list.
Notwithstanding the above, the lessee shall promptly inform the lessor of any incidents that occur during the journey, particularly those that may affect the safety and maintenance of the vessel and any contacts with the seabed.
NAVIGATION LIMITS
The leased vessel may only navigate at sea within the maximum distance specified in the valid vessel's navigability certificate. Additionally, sea navigation is limited to the jurisdictional waters of Spain and Portugal and the Mediterranean Sea. Exceptionally, and on an occasional basis, the vessel may navigate along the Atlantic coasts of Morocco. It is expressly prohibited to disembark on the coasts of Morocco or in any marina in the country except Marina Smir.
Under no circumstances may the vessel navigate beyond the limits established by the skipper in accordance with their nautical qualifications or those set by the current legislation.
Any extension of the aforementioned navigation limits will require written authorization.
RETURN OF THE LEASED VESSEL
- The lessee shall return the boat to the lessor on the day, time and place scheduled for the end of the lease. Any delay or incident concerning the return must be promptly communicated to the lessor.
Except in the case of force majeure events communicated immediately to the lessor, the delay in returning the boat will entail for the lessee the obligation to pay twice the daily module agreed as price.
In any case, whatever the cause of the delay in returning the boat, the lessee shall be liable for the expenses, damages and losses that may arise for the lessor and for the following lessees who have not been able to take over the boat on the scheduled date.
In the event that the vessel is returned to a place other than that agreed, the lessee shall be liable for all expenses, damages and losses arising from this circumstance.
For the purposes of this contract, the boat shall be deemed to be returned once it has been completely vacated by the lessee and all its belongings have been removed.
The boat shall be returned with full water and fuel tanks. Otherwise, the lessee shall bear the cost of filling the tanks.
The boat shall be returned with full water and fuel tanks. Otherwise, the lessee shall bear the cost of filling the tanks.
- At the end of the lease, the general condition of the boat, as well as the equipment, rigging, equipment and supplies will be checked, the lessee will be responsible for breakdowns, damages and damages occurred and losses produced, except for the deterioration due to normal use of the boat and its equipment.
After the above inspection, if the lessee is found not to be responsible, the deposit shall be returned to the lessee. Otherwise, once damages, damages, flaws, breakdowns and losses have been assessed, the appropriate compensation will be made and the lessor, once the amount of the aforementioned liabilities has been deducted, will return the excess of the deposit to the lessee.
The insufficiency of the deposit provided shall determine the application of the insured coverage, beyond such coverage, the lessee shall be liable up to the total repair and liability that may be applicable.
- For the purposes of the provisions of this stipulation shall be considered delay in returning the boat, the time required to make the repair of damage and damage that may have occurred.
- The final reception of the vessel shall be made in writing, signed by the lessor and the lessee, once the vessel has been inspected and its condition and equipment have been checked.
DAMAGES AND URGENT REPAIRS
The lessee shall promptly notify of all damages and flaws that may occur in the rented boat, also committing himself, prior communication and authorization of the lessor, to carry out urgent repairs that may be necessary, meaning those cases in which the lack of repair could cause danger to the crew, serious damage to the boat or delay in returning it.
The expenses incurred for the urgent repair of the vessel, for which the lessee is not responsible, shall be reimbursed by the lessor, upon presentation of the appropriate invoice.
In the event of accidents, damage or breakdowns involving third parties, the lessee must make the appropriate declaration to the competent authorities, informing the lessor in writing of the incident.
CANCELLATION OF THE CONTRACT
Once the reservation has been made, the lessee is obliged to pay the agreed price, even in the event that, for whatever reason, he/she is unable or refuses to make the planned trip.
However, if the withdrawal or cancellation of the contract is made in writing, at least six weeks prior to the day scheduled for the start of the rental, the lessee shall only be required to pay the amount of 200.
If the cancellation occurs in periods of less than six weeks from the date of embarkation, the lessee must comply with the obligations set forth in this contract, without any right to be reimbursed for any amounts that may have been paid.
CHANGE OF RESERVATION
Any change in the date of embarkation foreseen in the reservation, or in the model of boat (in the cases in which the latter is possible) will have the following consequences:
a) - If the change is made at least six weeks before the scheduled date of embarkation, the lessee must pay the amount of 200 Euros.
b) - For periods of less than six weeks, any change in relation to the reservation will have the same consequences as the withdrawal or cancellation of the lease, in accordance with the provisions of the previous point.
NON-COMPLIANCE AND RESPONSIBILITIES
The lessee and the members of his crew shall be liable for the liabilities that may be incurred for breach of this contract.
The lessee shall be jointly liable with the skipper designated by him, for the actions of the latter and for the liabilities he may incur.
The lessee shall be directly liable for any claims that may be made against him by any third party, in which case the lessor shall be released from all liability.
EXPRESS SUBMISSION
As regards the interpretation and performance of this contract, the parties, waiving their own jurisdiction if any, submit to the jurisdiction and competence of the Courts of Ibiza (Balearic Islands) and corresponding hierarchical superiors.
EXPENSES
All expenses of any kind, without any exclusion whatsoever, which may arise or be incurred as a consequence of the voyage planned by the lessee shall be borne exclusively by the latter.
- Should any of the foregoing stipulations be totally or partially contrary to mandatory regulations, such stipulation shall be considered totally or partially null and void, the rest of the contract remaining in full force and effect.