Updated on July 1, 2024.
This contract is only for navigation on the coasts of Ibiza and Formentera.
1º) It is the desire of the lessor to deliver the boat that is the object of the rental, and it is the desire of the lessee to receive it on rent, both doing so in good faith.
2º) Falsehood or deception by the lessee in any of the particular specifications of this contract will result in the immediate cancellation of the same, with the lessee losing the amounts paid.
3º) This contract will not be valid until the lessor has received the payment for the agreed reservation and provided that said payment is made before the date specified in this document.
4º) Before the delivery of the boat, the lessor must have received the full established price, as well as the corresponding deposit. Payment may be made by transfer to the lessor’s account specified on the back in cash or by Visa/Mastercard.
5) In the event that the lessee, for any reason, cancels this contract, he/she must pay the lessor the following percentages of the “Total contract” amount initially agreed:
- More than three months in advance of the start date of the lease: 5%
- More than 1 month and less than three months in advance of the start date: 25%
- More than 7 days and less than 1 month in advance of the start date: 50%
- Less than 7 days in advance of the start date: 100%
The lessor will immediately return to the lessee the amounts received that exceed the percentages mentioned.
6) The lessor delivers the boat in perfect working order and clean, at the place, date and time agreed. In the event that, due to force majeure, the boat cannot be delivered between the time of delivery of the boat, the lessor undertakes to inform the lessee immediately, as well as to use all humanly possible means to solve the problem and/or try to find another rental boat of equal or higher category. In the event that the agreed conditions cannot be fulfilled, the lessor will pay the lessee 10% of the amounts received as compensation for damages and losses to the lessee, returning them immediately. The lessee undertakes not to make any additional claims.
7º) At the time of delivery of the boat, the lessee will receive from the lessor the inventory with the details of the material delivered to him, so that he may give his approval or objections to it. Likewise, he will be given the general and specific conditions of the insurance policy that the boat has.
8º) The lessee will use and take care of the boat received and all its accessories following good seamanship practices and will use all means to prevent losses, accidents or damage.
In particular, the lessor mentions the importance of the amplitude of the tides and currents in the area, of accidents due to violent gybes and of the correct use of the toilet.
9º) If the lessor observes during the rental period that the skipper of the boat performs dangerous maneuvers and/or that show his inexperience, the lessor may cancel the rental contract early, returning to the lessee 50% of the rate for the days not used, or the lessee may change skipper for another qualified one before canceling the contract.
10) In the event of an accident or breakdown, the lessee must contact the lessor by telephone as soon as possible, and if it is not something minor and requires immediate action, he will do what he considers to be good seamanship at that time, thinking about the safety of the people in his charge and of the boat.
In the event that the repair is contracted, he must request an invoice in the name of the lessor, so that he can reimburse it upon disembarking.
The lessor undertakes to return the amount of the rental for the days that the boat is immobilized. However, and as long as the cause of the breakdown is not attributable to the lessee, the boat will be changed to continue sailing.
11) It is absolutely forbidden to dock in ports or anchorages that are not included in the route sheet given to the skipper, which will include the corresponding boat insurance, as well as the boat list and a copy of the rental contract.
12º) In the event that the boat is seized by the authorities, the lessor will defend it with civil liability insurance and will return the amount to the lessee for the unused days.
13º) In the event that the lessee has to return the boat before the day and time specified in the contract by any type of Authority and the inspection does not show any type of defect, the lessee will be refunded the corresponding amount by applying the amounts that the lessor must pay to the owner of the boat and that are specified in clause 13.
14) Any civil liability, derived from acts and maneuvers, will be exempt for the lessor and referred to the use of the rented boat for the period of this contract.
15) The deposit received by the lessor before boarding is used to cover any damage, loss, theft or robbery of any object not covered by the insurance company, or the delay in the return of the boat. However, if the amount resulting from the damage is less than the deposit, this will be returned to the lessee at the end of the rental, once the inventory and inspection have been made, if applicable.
16º) When using the deposit in this contract for the return of the boat, the service personnel must be disembarked, leaving the boat ready for inspection by the lessor. Both parties may appoint an expert to resolve any possible discrepancies that may exist. In the event that the boat cannot be inspected by the lessor on the same day of completion, the deposit will be definitively returned.
17º) In the event of any theft or robbery of the boat, the lessee undertakes to make the corresponding report and deliver it to the lessor upon disembarking.
18º) The costs of supplies, fuel, moorings and returns are the responsibility of the lessee. The fund at the port of departure is included in the price.
19º) It is strictly forbidden to embark weapons, narcotic substances, contraband in general, merchandise, paying passengers and animals, as well as participating in regattas, without the express consent of the lessor.
20º) In the event of non-compliance with any activity sanctioned by current legislation:
- The insurance company will not cover any damage that may occur.
- The boat will be retained and may not be used until it has been rectified (flares, life jackets, smoke canisters, beacons, etc.) will be the responsibility of the renter.
21º) Subcontracting or sub-leasing, both temporary and permanent, of the boat is not authorized and it is rented to the renter for use only for himself, family, friends or hired personnel.
22º) A number of people greater than that specified in the rental contract will not be allowed on board the boat or the authorities may retain the boat and the renter will be responsible.
23º) The renter is prohibited from getting on board with heels and any type of footwear that could scratch the deck.
24º) The lessee may not under any circumstances assign, sublet or exchange the rights and obligations assumed in this contract without the consent of the lessor.
25º) In the event that the lessee does not make payment under the agreed conditions, this contract shall be deemed automatically terminated, and the vessel shall be immediately recovered by the lessor.
26º) If the parties involved agree that any dispute, discrepancy, question or claim arising from the execution or interpretation of this contract or related to it, directly or indirectly, shall be resolved through arbitration administered by the Chamber.
