Terms and conditions

1. Bookings and Payment.

For the booking of a boat to be firm, 50% of the rental fee must be paid in advance, and no boat booking shall be considered firm until such payment has been received.

The remaining 50% must be paid before the boat departure, more precisely when the contract in being signed. Otherwise, the contract shall be considered null and void. At the time of payment of the booking, the lessee accepts the conditions of this contract.

 

2. Cancellations.

If the lessee should cancel before boarding, he or she shall lose the entirety of those sums already paid to the lessor, whatever this amount or payment concept may, except in case of adverse conditions due to the forecast of: .

-Height of wave: Height of wave superior to 1 meter.

-Wind speed: Above 20 Knt

-Precipitation: Heavy rain during more than 2H of total of navigation.

For cancellation due to bad weather already by the lessor or the lessee

-Two of the above conditions must be met to cancel the reservation or one in extreme situation.

-Only a full day reservation can be cancelled in our office the same day of boarding.

-The reservation only can be cancelled in our office the same day of boarding.

The reference for forecast will be WINDFINDER, BOUY Mahón

https://es.windfinder.com/weatherforecast/mahon menorca

 

3. Inability to provide boat by the lessor.

If for technical or any other reasons beyond the control of the lessor occurring before the initiation of the rental period, delivery of the hired boat should not be possible, a boat of equal or similar characteristics shall be provided to the lessee. If this were not possible, the lessee would have the choice to hire a boat of inferior characteristics (with the corresponding reimbursement of the difference in price from the lessor) or be returned the entirety of the any amounts paid up to that time without contemplating the possibly of any sort of other compensation for damages.

 

4. Security Deposit.

It is not allowed for any boat to leave without security deposit

On the day of boarding, the lessee shall provide the lessor with the security deposit that is detailed in the particular conditions of the contract, which shall cover any cancellations, damages, imperfections, theft, late returns, irregularities in inventory or equipment, compensation, misuse, negligence or penalizations of any nature that are included in the present contract or may arise as a consequence of incompliance. All this does not exclude the possibility of legal action being taken if necessary to claim any amounts that may exceed the sum of the security deposit. Once the boat has been returned on the proper date, and having carried out an approved “check-out” with the lessee having complied with all responsibilities laid out in this contract, only then shall the security deposit be returned to the lessee in a period of 7 (seven) days. If any discrepancies should arise between the two parties regarding the conditions of the boat or its inventory, the security deposit shall only be returned once this hypothetical dispute has been resolved.

 

5. Duration.

The duration of the rental period established in the specific conditions of this contract may not be adjusted or altered without previous authorization of the lessor on righting.

 

6. Licence.

The hiring of the boat does not include a skipper, hence the lessee or other crew member must be a holder of any and all required documentation that certifies the ability to use the boat in question. Official identification must be presented and the person who will be helming the boat must show a captain’s license. If the documentation presented does not permit use of the boat at hand, the contract shall be automatically terminated and any amounts paid to date shall be the property of the lessor in the form of damages.

The lessor reserves the right to withhold the boat from the lessee if the skipper does not appear to have sufficient skill or technical competence despite holding the existing licenses, with any amounts paid to date becoming property of the lessor in the form of damages.

 

7. Boating area.

The approved boating area shall be determined in the specific conditions of this contract as long as the skipper’s license shown allows for such. The incompliance with these obligations shall imply the automatic cancellation of the contract with the relevant loss of any amounts paid to such end, including the security deposit, apart from the expenses and responsibilities that such misuse may cause.

 

8. Inventory.

Prior to the delivery of the boat, and during our business hours, both parties shall proceed to carry out an inspection or “check-in” of the pertinent inventory. Once this is done, a document shall be signed certifying conformity. If the tenant refuses to sign the Check-In, point 2.-“ Cancellations of the present Conditions”, will be applied.

The execution of this inspection within the time period stipulated in this contract shall not imply any additional rental time equal to that of the “check-in”.

 

9. Conditions of use.

The lessee is responsible for the actions of all those persons included on the crew list members of the boat or any other person who may be aboard at any time, and may at no time exceed the maximum capacity of the boat, which will be determined by the lessor, independently of what may be stated in the boat’s official documentation.

Additionally, the lessee shall respect the following conditions for use of the boat:

 It is prohibited to exceed the maximum velocity of 3 knots established by Marine Command inside the port or within 200 metres of the coastline.

Swimming areas must be respected. Anchoring may only be done outside the buoys near beaches. Divers’ buoys and boats with flags signalling divers must also be respected, always leaving a wide berth.

Water-skiing or the towing of any flotation device or similar shall be strictly prohibited.

Animals shall not be allowed on board without the express permission of the lessor.

Transport of merchandise, travellers other than those included on the crew list members, weapons, animals, narcotics or any other toxic or dangerous substances is strictly prohibited.

The lessee is required to use the boat exclusively as a tourist charter or for recreation. Hence, in no circumstance shall it be used for commercial operations, professional fishing, transportation, sports competitions, or any other use incompatible with that of the intended one.

The towing of other boats shall be strictly prohibited accept in cases of emergencies, in which case only the rented boat may be towed.

If any threatening meteorological reports may arise regarding sea conditions, the lessee may not leave the port or harbour where he or she is located, or must proceed immediately to the nearest port, harbour or point of anchorage. The lessee shall at all times be responsible for staying up to date with weather reports that allow keeping a plan of navigation that will protect the integrity of the boat without risk.

It shall be forbidden to leave the boat anchored without an experienced crew member on board and without constant supervision.

When spending the night on board, only areas designated for such use may be utilized, which may be areas marked with buoys, marinas or leisure harbours.

The consumption of alcoholic beverages by the skipper before or during the use of the boat is strictly prohibited.

 

10. Subcontracting.

The subleasing or transfer of the boat by the lessee shall be strictly prohibited.

 

11.Official distrain (seizure and confiscation).

In the case of the boat being held in distrain, the lessee shall pay the lessor in damages twice the price of daily rental every day until the restitution and delivery of the boat has taken place. As for confiscation, the client shall pay the full value of the boat within a period of eight days. In both cases, the lessee shall lose, in favour of the lessor, any paid amounts.

 

12.Expenses.

Any expenses incurred for provisions, fuel, lubricant, gas, ice, mooring in ports, harbours and marinas, and in general any expenses for materials or maintenance of the boat during the lease period shall be the sole responsibility of the lessee, and these shall not be included in the rental price.

 

13. Insurance.

The boat object of this contract is covered by the pertinent insurance policy; with the lessee being responsible for any necessary measures to act within the stipulations laid out in such policy and shall take full responsibility for any consequences that may stem from the incompliance of said obligations.

The lessee expressly accepts that the insurance policy does not cover accidents occurring off the boat or the loss of or damage to any personal items, nor of other crew members of the boat.

The lessee shall be directly responsible for any damages, material or personal, that derive from the incompliance on his or her part of any of the obligations established in the conditions of use of the boat and/or negligence on his or her part.

Additionally, the lessee accepts responsibility for any fines, penalties, harm or damages caused by or derived from the infraction of any other clauses included in this contract and/or by any infractions of Spanish or international laws in force, specifically those regarding fishing, underwater fishing, the search for archaeological remains or the Spanish Ley de Costas (Coastal Law) committed during the term of this contract, or any damages that may occur to lines, jetties or other elements of the equipment of the berth.

 

14. Mechanical failure during the contract period.

If, due to mechanical failure during the rental period or other causes not attributable to the lessee, it has become impossible to stay with the leased boat, the lessor shall refund the amount proportionate to the days in which the use of the boat was not possible or shall provide a boat of similar characteristics, where possible, with the choice to be made by the lessee. In no case shall this situation lead to the extension of the rental contract or compensation for damages of any kind.

The lessee shall not approve any repairs without first communicating the mechanical problems to the lessor who determine how to proceed. Repair expenses shall be the responsibility of the lessor.

Any mechanical issues caused by negligence, ineptitude or improper utilization of the boat by the lessee shall be paid in full by this party, and the lessor shall deem the contract terminated and reserve the right to claim any damages that these mechanical issues may occasion. In this case, that which is foreseen in the first paragraph of this section shall not be applicable.

The lessor shall not be responsible for any imperfections or damages caused from running aground or collisions with shoals or shallows. The lessee is expected to be familiar with the boating area before departing and take any necessary precautions.

 

15. Accidents.

The lessee shall be responsible for the immediate reporting of any accidents to the lessor as well as providing the lessor with any letters, citations or notifications relevant to such accident. Also required is the total collaboration with the lessor and the insurance company in the investigation and defence of any claims and processes.

At the time of the accident the following measures shall be taken:

A) Do not admit or prejudge fault in the case, except on the “Declaración Amistosa de Accidentes” (Cooperative Declaration of Accidents).

B) Obtain full information of any other parties involved, filling out a “Declaración Amistosa de Accidentes” or “Parte de Siniestro” (Accident Statement) as well as from witnesses, which shall be immediately provided to the lessor, via telephone in case of more serious accidents.

C) Immediately notify the authorities if the fault is of the other party.

D) Do not abandon the boat without taking any necessary measures for its protection and safety. If the lessee does not comply with any of the aforementioned measures, where applicable, the lessor shall claim damages against the lessee for damages caused by negligence.

 

16. Theft.

In the case of the boat being stolen, the lessee shall be obligated to immediately inform the lessor of this fact and present the corresponding formal police report placed with the relevant authorities, providing the lessor with said report.

 

17. Delivery and return of the boat.

Motorboats shall be delivered starting at 10 a.m.

Boats must be returned by 7:00 p.m. to the port of departure with any fuel tanks full. Contrarily, the lessor shall charge the lessee for fuel consumption as well as a filling fee. The boat must be returned in the same condition as when it was received, with any equipment neatly organized and properly stowed, in a reasonable state of cleanliness based on its usage.

At the moment of the boat’s return a “check-out” shall be carried out between both parties, with the certifying documents of conformity being issued upon completion.

If the lessee does not return the leased boat at the correct time and location, he or she shall pay the lessor, in the form of damages, the amount equalling double the daily rental fee for each day late, unless this delayed return is due to the existence of risk or danger covered by the boat’s insurance policy. In any case, the lessee agrees to immediately report such situations to the lessor so as to verify the situation and recover the boat.

24 hours after the agreed return time, and with the boat yet to be returned, and having received no specific information regarding relevant issues from the lessee, the crew or the boat, the lessor shall initiate a search by informing any maritime authorities deemed relevant of said situation. All the expenses that this originates will be borne by the lessee.

The boat must be returned in the exact state of functionality, equipment and inventory as when it was delivered at the beginning of the rental period. If after the “check-out”, any deterioration, damage, or breakage to equipment or machinery or the boat, or the loss of items from the inventory or other equipment, their repair or replacement shall be paid in full by the lessee. Said amount shall be determined, in the case of objects, based on their value according to the accounting books of the lessor, which shall be shown, to this end, to the lessee. In the case of repairs, the amount shall be determined based on estimates from a specialized company.

 

18. Complaints

Any complaints the lessee may wish to file can be made in writing upon returning the boat at the conclusion of the rental contract.

 

19. Condition precedent.

The validity of this contract shall be subject to, as a condition precedent, the payment made by the lessee of the booking amount stipulated in the following general condition, and any booking shall not be firm until the this payment has been made.

 

20. Data protection.

Any personal information included in this contract shall be protected in accordance with Organic Law 15/1999 of the 13th of December for Protection of Data of a Personal Nature. This information may only be processed by or transferred to companies responsible for management of payments and for the execution of marketing campaigns by the lessor or any other company within the Sasga group (Sasga Estribor, S.L. or any of its affiliates).

 

21. Jurisdiction.

For the solution of any disputes resulting from this contract, the parties involved shall be subject to the Administrative Authorities and the Courts of Mahon, being governed between them by Spanish Legislation.

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