Lessee’s information and reservation and termination conditions
The Lessee acknowledges that the Lessor has fulfilled its obligation to inform about the essential characteristics of the vessel in relation to the competences declared by the Lessee with regard to the crew to be put on board and the type of navigation planned.
- Termination of the contract
- Termination of the contract by the Lessee :
The period during which the contract is entered into may not be modified except with the Lessor’s agreement and to the best of his ability. In the event of cancellation, for any reason whatsoever the Lessor shall be entitled to keep the amount of the advances received. However, if the Lessor succeeds in re-renting the reserved boat for the same period and at the same price, the Lessor shall be entitled to retain the amount the same period and at the same price, the Lessor shall reimburse the full amount of the advances paid. - Cancellation Policy: 100% refund up to 30 days prior to arrival. For cancellations between 30 and 7 days before the date of the activity, 10% of the amount of the activity will be charged.For cancellations between 7 and 4 days before the date of the activity, 50% of the amount of the activity will be charged.For cancellations with less than 4 days from the date of the activity, the client must pay the full amount of the reserved activity. Date changes will be accepted with a minimum notice of 4 days and depending on availability.Cancellation of the booking due to weather conditions is at the discretion of the rental company and is always for reasons of safety at sea. In this case, the lessor will provide a voucher valid for 12 months to make the rental on another date.In case of a multi-day rental and if during any day of the rental period there are adverse weather conditions that prevent safe sailing, the affected days are not eligible for a refund. The lessee accepts that weather conditions are unpredictable and that the lessor will not be liable for rental days affected by bad weather.The rental company does not guarantee the availability of mooring buoys around the Medes Islands and in the coves.
- Termination of the contract by the Lessor :
In the event that, as a result of a breakdown during the previous charter or an impediment beyond the Lessor’s control, the Lessor is unable to offer the use of the rented boat on the agreed date, the Lessor shall be entitled to cancel the contract. The Lessor shall be obliged to opt for one of the following solutions: - Either make available to the Lessee a boat of superior or similar characteristics.
- Or to return to the Lessee the sums paid, being excluded by contract any compensation for expenses or damages.
- Delivery of the boat :
The delivery of the boat to the Lessee shall be effective once the balance of the agreed price has been paid, the security deposit has been paid and the inventory has been accepted and signed.
When the Lessee hands over the boat to the Lessee, the Lessor shall also hand over to the Lessee the compulsory maritime documents.
The Lessee shall keep a copy of the lease which he undertakes to present at any request from the public authorities.
Acceptance of delivery of the boat implies the Lessee’s acknowledgement that he has been fully informed and that the boat is in good working order and cleanliness.
The signing of the inventory of the boat and its equipment prohibits the Lessee from subsequently claiming non-compliance with the requirements and provisions of the contract.
Any departure inventory not signed or delivered to the Lessor before departure shall be considered complete. No claim that is not submitted prior to departure shall be admissible. - Limitation on lending or subletting
The subletting, lending or change of skipper of the boat by persons other than those stated in the particular conditions is prohibited, except with the express written agreement of the Lessor. - Skipper
The Lessee or skipper must hold a navigation license and have the required skills to navigate in optimum safety conditions on board the vessel that is the object of the lease.
It is expressly stipulated that the Lessor may in no case be held responsible for the navigation faults, clumsiness or imprudence of the Lessee, his skipper or his crew.
The Lessor reserves the right to refuse to make the vessel available on the day of delivery if it appears to him that the skipper or crew are not sufficiently qualified, in his sole discretion.
In the event that the Lessor asserts his right to refuse to make the vessel available, the contract with the Lessee may be terminated without reimbursement of any sums paid to him and without the Lessee being entitled to a refund of the sums paid to him.
Any of the sums paid and without either party being entitled to claim damages. - Use of the boat and obligations of the Lessee
The boat is a pleasure boat only. It is forbidden to transfer it to third parties. It is strictly forbidden for the Lessee to use the boat to teach the Lessee how to drive it.
The Lessee shall be solely liable to any authorities with respect to any penalties, fines or confiscations.If there is a rescue wich was not due to the company’s fault, this will be santioned by 200€.
In case of seizure of the boat, the Lessee shall be obliged to pay the Lessor a contractual indemnity for immobilization, corresponding to the rental rate in force plus 30%.
In the event of confiscation of the vessel, the Lessee shall be obliged to reimburse the value of the vessel at its new value within eight days of the request sent to him. - Insurance :
The rental rates include compulsory civil liability insurance, plus insurance for injury or death of the occupants.This policy does not cover damage, loss or any other damage to personal belongings or objects transported on board the boat, or damage to the boat due to theft, vandalism and/or accident of any nature whatsoever.
The insurance cover is also excluded in the event of the Lessee operating the boat while intoxicated.
In respect of the guarantee for damage, i.e. damage caused to the boat and its accesses, the lessee may be charged deductions for ageing up to the limit of the amount of the security deposit.
The Lessee shall be his own insurer up to the amount of the deductible in the Special Conditions. - Breakdowns
In the event of breakdowns which do not prevent navigation, the Lessee shall be obliged to report them as soon as possible.
If the origin of the breakdown is a misuse of the boat by the Lessee, failure to comply with this provision shall be considered as a delay equivalent to the time required for its repair and shall give rise to a deduction of the security deposit.
In case of serious breakdown, the expenses borne by the Lessee shall be reimbursable upon presentation of the invoice, when the breakdown is not due to faults or negligence on his part.
Loss of use due to breakdown may give rise to compensation or a reduction in the price paid.
However, if the damage is not attributable to the Lessee, a reimbursement will be made according to a prorata temporis or, if possible, an equivalent boat will be made available to the Lessee. - Return of the boat
The Lessee is obliged to enter port within the time limits set out in the contract.In case the lessee returns the boat before the scheduled delivery time, no credit will be given.In case the lessee returns the vehicle more than 30 minutes late for rentals , an additional supplement will be charged at the rate stated in the contract (100€ will be charged for each hour started).
The boat must be returned in good working order and cleanliness.
If the conditions of return are satisfactory, the security deposit shall be returned to the Lessee.
If the conditions of return are unsatisfactory and deterioration is found, the Lessee shall be obliged to pay for the repair. A retention of the security deposit may be withheld.
Any day’s delay shall be considered as a full day’s delay and shall be invoiced at the corresponding rate (130% of the base date).
Abandonment of the vessel in a port other than that provided for in the contract shall entail payment by the Lessee of the return expenses, which shall be added to the compensation for delay.
Fuel shall be at the expense of the Lessee, The fuel consumed will be payable in store upon return of the boat. - Security deposit
The security deposit shall be delivered at the latest within 24H after the date of return.
From this deposit shall be deducted the repair or replacement costs corresponding to the uninsured part of the loss or damage, the deductible for which is stated in the contract.The lessor may withdraw the deposit established when renting the boat to cover the costs arising from non-compliance with the rules of this contract. This deposit will be returned upon payment of the expenses if they are lower than the deposit. In the event that they are higher, it shall be understood as a payment on account of the outstanding invoice.
By making the payment you accept our general rental conditions above.
Once the payment has been made, the signature of the contract and the conditions will be automatically signed.
