This contract is exclusively for navigation up to 12 miles from the coasts of Ibiza and Formentera.
1. It is the lessor's intention to deliver the vessel for rental, and it is the lessee's intention to receive it, with both parties acting in good faith.
2. Any falsehood or deceit on the part of the lessee in any of the specific conditions of this contract will result in its immediate cancellation, and the lessee will forfeit any amounts paid.
3. This contract will not be valid until the lessor has received the agreed reservation payment, which must be made before the date specified in this document.
4. Before the delivery of the vessel, the lessor must have received the full rental price and the corresponding deposit. Payment may be made by transfer to the lessor's account as specified on the back or in cash.
5. In the event that the lessee cancels this contract for any reason, they must pay the following percentages of the "total contract amount" initially agreed:
- More than three months before the start date: 5%
- More than 1 month but less than three months before the start date: 25%
- More than 7 days but less than 30 days before the start date: 50%
- Less than 7 days before the start date: 100%
The lessor will immediately refund any amounts received that exceed these percentages.
6. The lessor agrees to deliver the vessel in perfect working order and cleanliness at the agreed location, date, and time. If, due to force majeure, including the breakdown of the vessel, delivery cannot be made, the lessor will immediately inform the lessee and will take all possible measures to resolve the problem or attempt to find a rental vessel of equal or superior category. If the agreed conditions cannot ultimately be fulfilled, the lessor will compensate the lessee with 10% of the amounts received and immediately return them. The lessee agrees not to make any additional claims.
7. Upon delivery of the vessel, the lessee will receive a copy of the general and specific conditions of the vessel’s insurance policy.
8. The lessee will use and care for the vessel and all its accessories according to good seamanship practices, ensuring that no losses, accidents, or breakdowns occur.
The lessor specifically highlights the importance of navigating with caution due to the breadth of the marks and currents in the area, the risks of violent jibes, and the correct use of the WC.
9. If the lessor observes during the rental period that the captain of the vessel is performing dangerous maneuvers or demonstrating inexperience, the lessor may prematurely cancel the rental contract, refunding 50% of the fee for unused days, or the lessee may change the captain, who may be provided by the lessor.
10. In case of accident or breakdown, the lessee must contact the lessor by phone as soon as possible. If unable to do so, and if immediate action is required, the lessee will act according to good seamanship practices, prioritizing the safety of the crew and the vessel. If a repair is necessary, the lessee must request an invoice in the name of the lessor for reimbursement. If the breakdown is not due to the lessee’s misuse of the vessel and cannot be quickly repaired, the lessor will refund the proportional part of the unused rental, without further claims for damages. The lessor will also make every effort to find another boat for the lessee to continue their vacation.
11. The vessel is insured with accident coverage, both for the vessel itself and for civil liability and occupants, within the limits specified in the general and specific conditions of the policy.
12. In the event of an accident where, for any reason, the insurance company does not cover all or part of the damages, costs, or liability incurred, the lessee shall bear all such costs, expressly releasing the lessor from any responsibility.
13. If the lessee wishes to extend the rental period, they may do so with the prior consent of the lessor, agreeing on new conditions for the extension. A delay in returning the vessel at the agreed time will incur a penalty of €50 per hour of delay. If the vessel is left at a location other than the agreed one, the lessee will bear all costs, damages, and losses incurred by the lessor.
14. If children will be on board, the lessee must inform the lessor in advance so that adult life jackets can be replaced with appropriate sizes.
15. The deposit received by the lessor before boarding serves to cover any damage, loss, theft, or robbery of any item not covered by the insurance, or delay in returning the vessel. However, if the resulting amount exceeds the deposit, the lessee must pay the difference. The deposit will be refunded to the lessee after the condition of the vessel has been checked, and an inventory and repair (if applicable) have been completed.
16. At the time specified in this contract for the return of the vessel, the lessee and their belongings must have disembarked, leaving the vessel ready for inspection by the lessor. Both parties will sign a document acknowledging the condition of the vessel, noting any issues. If there are discrepancies, the lessor will retain the deposit until the matter is definitively resolved.
17. It is the captain's responsibility to ensure that the vessel is never left without crew. If the owner notices this, they have the right to cancel the rental without refunding any amount.
18. Provisions, fuel, mooring fees, and crew (if applicable) are the responsibility of the lessee. Mooring at the departure port is included in the price.
19. It is strictly forbidden to bring on board weapons, narcotics, contraband, goods, paying passengers, or animals, as well as to participate in regattas, commercial fishing, or any other activity sanctioned by law.
20. Any costs arising from the misuse of safety equipment (flares, life jackets, smoke canisters, beacons, etc.) will be borne by the lessee.
21. Subcontracting or subleasing is not allowed. The lessee agrees to use the yacht only for themselves, their family, friends, or own staff, not exceeding the number of people for which the vessel is certified.
22. If the maritime or customs authorities’ rules are violated, the vessel’s captain and, secondarily, the lessee will be responsible, expressly releasing the lessor from any responsibility.
If the vessel is detained or impounded by any authority due to actions attributable to the lessee, captain, or crew, and the lessee fails to return the vessel to the lessor on the date specified in the contract, the lessee will be liable for the delay payments specified in clause 13. The lessee will also bear the cost of any fines issued to the lessor concerning the vessel's use during the rental period.
23. The parties agree that any dispute, discrepancy, issue, or claim arising from the execution or interpretation of this contract, or related to the rental specified in it, will be definitively resolved through arbitration under the Arbitration Court of Catalonia of the Official Chamber of Commerce, which is entrusted with the administration of the arbitration and the appointment of arbitrators, according to its regulations and statutes. The parties also expressly commit to comply with the issued arbitration award.