Private Boat rental (not license)

CLAUSES:

1) The HIRER undertakes to use the rented boat as if it were his own property, in accordance with the rules of good seamanship and undertakes to respect the rules laid down by the maritime, customs, health and tax authorities, as well as the national or foreign police where applicable. In the event of any infringement of the regulations by the lessee, the latter shall be responsible for all penalties, fines, etc. .... and shall immediately inform the LESSOR thereof. The HIRER shall be obliged to maintain the boat and all its equipment in a good state of use, otherwise he/she shall be responsible for all expenses incurred.

2) The boat is delivered to the lessee at the port and time indicated in the present contract (at CLUB NÁUTICO EL ARENAL, if no other specific port is specified) and ready to sail. Any delay in the collection of the boat by the lessee will not determine the extension of the rental period. In the same way, if due to weather conditions or any other circumstances not attributable to Arenal Boat Charter due to a revision or repair of the boat, there is a delay in the delivery, this will not give the right to a refund or deduction in the rental price or the extension of the contracted period. The cost of the fuel used shall be borne by the HIRER.

3) If the CHARTERER is unable to deliver the rented boat or an equivalent within 48 hours after the rental period, the CHARTERER shall not be entitled to a refund or deduction from the rental price or to an extension of the rental period. 

4) The CHARTERER undertakes not to carry more persons on board than the number of persons permitted according to the boat's safety certificate, to use the boat only for recreational boating, not to participate in regattas and not to engage in any commercial, professional or regulated activity (e.g. fishing) with the boat. Likewise, he/she undertakes not to assign, subcontract or sublet the boat in whole or in part.

Under no circumstances may the management of the boat be ceded to a person other than the one who is the skipper. Arenal Boat Charter reserves the right to cancel this contract if the skipper does not have sufficient training and competence to safely steer the boat. In this case, the lessee will not be entitled to any refund.

5) The HIRER declares that he has received a sufficient and clear explanation on the operation of the boat (in the event of not hiring a skipper) and on the safety equipment on board.

The HIRER undertakes not to take animals on board, unless authorised by the CHARTERER.

It is strictly forbidden to take on board weapons, drugs and products that may contravene Spanish legislation.

6) Towing of other boats is not permitted except in case of emergency, and towing of another boat will only be permitted in case of emergency, and will always be carried out with its own ropes. The HIRER shall not accept agreements, nor assume responsibilities without the authorisation of the LESSOR and, in the event of making any agreement without the express consent of the LESSOR, the lessee shall assume all the responsibilities that this entails. 

In the event of a salvage award, this shall be shared equally by both parties.

7) In the event of dangerous weather reports about the weather or the sea (above force 5 Beaufort or wind above 21 knots), the HIRER undertakes not to leave the port where he is or to go to the nearest safe port or anchorage to his position.

8) The HIRER undertakes not to use products or utensils for cleaning that may cause damage to the boat.The HIRER also undertakes to deliver the boat clean when it is returned. If the boat is not returned clean, a cleaning charge of €50 will be levied.

9) The HIRER is responsible for any damage or harm caused to the boat as well as for the loss of its elements and delays in returning the boat.

The HIRER is also obliged not to leave the boat at any time without an experienced crew member on board, even if it is anchored. Should an accident occur without the presence of an experienced crew member on board or without any crew member on board, the HIRER shall be fully liable and bear all costs arising therefrom.

10) The CHARTERER is fully responsible for the consequences of anchoring, in particular for the necessary measures to be taken in the event of a change in the winds or direction of the currents. In the rental price, the CR insurance of the boat is included.

 It is strictly forbidden to anchor in POSIDONIA's seabed. Any fine for non-compliance with this rule shall be charged to the HIRER.

 The CHARTERER stresses to the CHARTERER the importance of respecting the rules of the MARINE RESERVES and the anchorages marked with buoys.

11) The CHARTERER shall not be liable in any case for personal injury, loss or damage to the personal effects of the HIRER, crew or guests on board the boat, or bathers, including under his responsibility for injuries caused by the use of water "toys" such as doughnuts, ski, wake surf, paddle surf or any other water sport.

12) The HIRER expressly accepts responsibility for the payment of any damage caused to the boat and the possible expenses derived from said loss (lost rental days, stranding/boating, travel, etc.) even if these exceed the amount of the deposit. 

13) The HIRER must know the state of conservation of the boat, and therefore expressly accepts to hand over the boat in the same conditions in which it was received, with the fuel and water tanks full, and the equipment and supplies tidy and properly stowed. If the boat is not delivered in this condition, the costs of replacing the same will be deducted, plus a surcharge for the replacement service. 

14) At the moment of delivery, the HIRER will have the right to inspect the boat in the company of a member of ARENAL BOAT CHARTER, in order to check that everything is in perfect condition.

15) The CHARTERER must plan the voyage in order to return the boat within the contracted period, taking into account any possible adversities that may occur. These shall in no case be sufficient reason for delaying the return of the boat. In the event of any foreseeable delay, the HIRER shall be obliged to immediately inform the LESSOR of this situation.

16) In the event of return to a port other than the port of departure, the HIRER shall bear all costs arising from this change in the place of return, including: Skipper, fuel, overnight stay, and all possible expenses arising therefrom, as well as a service charge.

17) In the event of a delay in returning the boat, the HIRER is obliged to:

-Pay the HIRER double the daily rent for each day of delay in delivery. Each extra hour of the day will be charged at 90€ per hour and will be understood as an extra hour if there is a delay of more than 15 min. from the end time of the rental.

-The HIRER will be responsible for all expenses arising from this delay, both for the HIRER and for the clients of the boat who have contracted the boat for the following periods.

-If at the end of the contract, the boat has not been returned and Arenal Boat Charter has not been contacted to warn of this situation, a search will be initiated and the marine authorities will be informed of its disappearance. The HIRER will be responsible for the expenses arising therefrom, as well as a service charge.

18) If, during the rental period, breakdowns, damage, damage or loss of material occur, the HIRER is obliged to notify the HIRER, who will give him the instructions to be followed. In the event of an accident involving third parties, these must be declared by the HIRER to the competent authorities, and the details of those involved in the accident must be recorded. The HIRER shall draw up a report of what has happened, which shall be handed over to Arenal Boat Charter, which shall take the necessary steps and invoice a service charge for the same. 

19) The HIRER is obliged to immediately inform Arenal Boat Charter of any contact of the boat with the seabed in order to be able to determine and foresee the means to observe the consequences of such contacts and to avoid endangering subsequent outings. We also inform you that the boat has a GPS locator, from which the boat, its course, speed and route can be monitored. In the event of sailing too close to the coast, an inspection of the boat shall be carried out at the CHARTERER's expense in order to check that there is no damage.

20) The permitted sailing area is established within the coastline of Mallorca or that which corresponds according to the skipper's qualifications, the limit always being the Balearic coastline (waters of the island of Mallorca and Cabrera). Prior authorisation must be requested from the lessor to go to the Cabrera National Park.

21) In the event of negligence in the use of the vessel in breach of current legislation, this shall be grounds for automatic termination of the contract, with the amounts paid remaining in favour of the HIRER, as well as a service charge payable by the HIRER.

22) In the event of any of the clauses of the contract becoming invalid, this shall in no way affect the other clauses, which shall remain, to all intents and purposes, effective between the parties.

This contract is subject to Spanish law. All litigious questions or differences that may arise in the execution, modification, termination and effects of this contract shall be resolved in the courts of Palma de Mallorca. In witness whereof, the parties hereto have signed the present boat rental contract at the place and on the date shown below.