1.- SUSPENSIVE CONDITION.
As a suspensive condition, the effectiveness of this contract is conditional on payment by the lessee of the amount of the reservation stipulated in the following general clause, no reservations therefore being effective until the aforementioned payment is made. All prices include 21% VAT.
2.- PAYMENT.- A.
Reservations shall be deemed made and this contract will thus become fully effective when the percentage of 50% of the total rental price is received at the lessor`s offices within Three Days of Conclusion of the charter party, the balance is due six weeks before the commencement of charter. Payment must be received before the dead-lines indicated. Any failure to comply with this payment will give rise to cancellation of the contract, the sum paid as a reservation being kept by the lessor.
B.- The only forms of payment allowed shall be the ones described in the particular and general conditions of this contract, either by bank transfer, in cash, and Visa or Master Card.
On the date of embarkation the lessee shall give the lessor the deposit stated in the particular conditions, which is to answer for any cancellations, breakdowns, breakages, damage, theft, delay in returning the boat, differences in inventory and equipment, compensation, improper use, negligence and penalties of all kind agreed on herein or which may arise as a result of any failure to comply with this contract. it shall also answer for any damages of any kind which might be caused to third parties as well as the amounts of penalties and fines which may be imposed on the lessee as a result of using the boat leased. All of this is with no prejudice to any legal action which might be brought to claim any sums which might exceed that of the deposit.
After returning the boat in the time agreed, and when the check-out has been satisfactorily completed and after the lessee has complied with all his or her duties as a result of what is agreed herein, the deposit shall be returned at the check-out. In the event of there being any disagreements between the parties on the conditions for returning the boat and goods included in the inventory, the deposit will be refunded when the disagreement that had arisen is settled.
The boat now being chartered is covered by an insurance policy, a copy of which is enclosed, the lessee declaring that he/she knows its content and scope, undertaking to take any measures that might be required to act in accordance with the obligations contained in this, being where applicable the sole party responsible for any consequences of failure to comply with those obligations.
The period of duration of the rental stipulated in the particular conditions of this contract may not be changed or altered without prior consent of the lessor.
6.- CANCELLATIONS AND ANNULMENTS.
In the event of the lessee unilaterally withdrawing from the contract he or she shall forfeit the sum delivered as reservation, You are expressly advised to take out insurance for cancellation of the rental at the same time as paying the reservation.
7.-DELIVERY OF THE BOAT.
Prior to delivering the boat, and within public opening hours, both parties shall proceed to the check-in and proper inventory. After this has been done the proper document accrediting and approving this will be signed. The lessee shall not be allowed to refuse to carry out the check-in nor to sign the document, even if this is with any cautions considered necessary. If for any reason the check-in were performed within the term of the rental, this shall not entitle to any extension of that term.
8.- DELAY IN DELIVERING THE BOAT.
If when the date agreed comes around the lessor delays delivery of the boat or making this available to the lessee, the lessor will have to pay the lessee the amount proportional to the delay caused. If the delay in delivery or making the boat available is over forty-eight hours, apart from the compensation referred to in the previous section, the lessee may opt for either cancelling the contract or extending this for a time equivalent to the delay.
9.- IMPOSSIBILITY OF DELIVERING THE BOAT BY THE LESSOR.
If it were not possible to deliver the boat chartered on grounds of breakdowns or for any other reason beyond the lessor’s control arising prior to the start of the lease, a boat of the same or similar characteristics will be provided. If this were not possible the latter will be delivered a boat of lower category (with the consequent refund of the proportional difference of the rental price) or the full sum paid until that time for the lease will be refunded, at the lessee’s choice.
10.- BREAKDOWNS OF THE BOAT DURING THE CONTRACT.
A.- Lessee’s obligations: The lessee must inform the lessor as soon as possible of any damage or incident affecting or which could affect the seaworthiness or safety of the boat.
The lessee shall not order any repair to be made without first having informed the lessor of the breakdown and the latter will have to have granted his consent. The expenses for the repair shall be for the lessor’s account, except for any which are the lessee’s fault. The lessee is obliged, for the duration of the contract, to keep the boat in seaworthy condition. Any breakdowns resulting from the negligence, incompetence or faulty use of the boat by the lessee shall be paid for by the latter in full and the lessor shall deem this contract terminated and reserve the right to claim for any damages which might be meant for the lessor by the breakdown. In this case the lessee shall not be entitled to any compensation whatsoever.
The lessor shall be able to inspect the boat at any time to check its condition, without impairing its normal operation and with any expenses meant by this being for its own account.
B.- Lessor’s obligations: If because of a breakdown taking place during the lease or other causes not attributable to the lessee it were not possible to stay on the boat leased, the lessor shall refund the proportional part for the days on which use of the boat was not possible or alternatively provide a boat with similar characteristics if possible, at the lessee’s choice. In turn, the lessor shall answer to the lessee for any damages caused by faults with navigability, unless it is proven that the fault could not be discovered using reasonable diligence. This shall not under any circumstances give rise to any extension of the rental period unless making the new boat available requires over forty-eight hours, in which case the lessee may opt for either terminating the contract or extending this for a time equivalent to the delay, if this were possible.
11.- RETURN OF THE BOAT.
The boat must be returned in the time and at the place specified in the particular conditions of this contract. At the time of return the check-out between the parties will take place, issuing the relevant document accrediting conformity at the end of this.
In the event of the lessee not returning the boat leased in the time and at the place agreed, the lessee shall pay the lessor, as compensation for damages, a sum equivalent to triple the daily price of the lease for each day’s delay, or the equivalent fraction if the delay were under one day.
Any failure to deliver this on the day and at the time scheduled shall mean that the lessor may start a search, informing the proper maritime authorities of this. In this case any expenses entailed by this shall be for the lessee’s account. The boat shall have to be returned in the same operating, equipment and inventory conditions as when it was delivered at the start of the lease.
If after check-out any deterioration or breakages in the equipment and operation of the boat or any losses of parts of the inventory and equipment were found, the amount of any repairs and replacements shall be for the lessee’s account. Any damage which might be caused by the deterioration or loss, in the event of not being covered by the boat’s insurance policy, shall be for the lessee’s account, and in the event of being covered by the policy, the lessee shall where applicable defray the cost of the excess.
12.- ADMINISTRATIVE RESPONSIBILITIES: INFRINGEMENTS, SANCTIONS, PRECAUTIONARY MEASURES (SEIZURE AND CONFISCATION).
Any negligence or improper use of the vessel infringing current legislation by the lessee shall be sufficient grounds for immediate termination of the contract, with any sums paid until that time being kept by the lessor, the lessee not being entitled to any refund of these. In the event of any infringement by the lessee of the ordinances of customs or any other authority, the lessee shall answer for any fines, sanctions or liabilities which might arise, as well as for all their consequences. In the event of the vessel being seized, the lessee shall pay the lessor as compensation for damages caused a sum equivalent to twice the price of the daily rental for each day that elapses until the boat is restored and delivered. In any case of confiscation the customer shall pay the full value of the boat within eight days. In both cases the lessee shall forfeit any sums paid in the lessor’s benefit, and all notwithstanding any legal action which might be applicable to claim the damages that this might entail.
Any expenses for supplies, fuel, lubricants, gas, ice, berths at ports and marinas and in general any expenses for the material and maintenance of the boat during the rental shall be for the sole account of the lessee, these not being included in the rental price.
One month prior to the date stipulated for starting the rental, the lessee will have to provide the lessor with the following documents: the lessee’s I.D. card or passport.
- Documents accrediting that the master of the vessel meets the requirements needed for handling this.
- CREW LIST, which shall include all the persons boarding with the lessee (whatever their age) with their identification details. In any event this list must be handed in at the latest at the time when the boat is delivered.
15.- NAVIGATION ZONE.
The navigation zone shall be as stipulated in the particular conditions of this contract, also limited to the master’s competences. Any failure to comply with this obligation shall entail automatic cancellation of the contract, forfeiting any sums delivered for this purpose and regardless of having to pay any expenses and liabilities which might result from said improper usage.
16.-CONDITIONS OF USE.
In a charter with crew the master or where applicable the other members of the crew shall follow the lessee’s instructions as regards using the boat within the terms agreed, on condition that these do not involve any risk for safety on board or for navigation, in which case the master’s professional opinion shall prevail, both the lessee and his or her companions being obliged to obey the proper orders or instructions given by the master.
The lessee is liable for any acts of the persons included on the passenger list, who shall not under any circumstances be able to exceed the maximum capacity of the boat.
It is strictly forbidden to use the boat for transport of goods, of passengers other than the ones stated in the previous list, for carrying weapons, animals, narcotics or any toxic or dangerous substances.
The lessee undertakes to use the boat exclusively as a tourist or pleasure charter, for which reason this may not under any circumstances be used for operations of trade, professional fishing, transport, sports competitions and any others incompatible with the purpose of the boat.
The lessee, as sole party responsible for the boat during the rental, shall make use of this responsibly, abiding by the rules of authorities with competence for this purpose, being the sole and exclusive party liable for any consequences resulting from any failure to comply with these.
It is strictly forbidden for the lessee to sublet or assign the vessel.
18.- PERSONAL PROPERTY OF PASSENGERS.
The lessor is not liable for any damage or losses that may occur to the personal property of any passengers who may be on the boat.
The lessee is obliged to immediately inform the lessor of any accident and to immediately pass on to this any letters, citations or notifications referring to such an accident and to offer its full cooperation with the lessor and the Insurance Company in the investigation and defence of any claim and process.
The following measures shall be taken at the time of the accident or loss:
a) Not acknowledging or prejudging any responsibility for the circumstances except for the “Friendly Declaration of Accidents”.
b) Obtaining full data of the other party, of the witnesses of the accident, filling in where applicable the “Friendly Declaration of Accidents” or “Loss Report”, which should be sent urgently to the lessor with details of the accident, informing the latter by telephone in the event of any serious accident.
c) Immediately informing the authorities if the other party is to blame.
d) Not leaving the boat without taking proper measures to protect and safeguard this. In the event of the lessee’s failure to comply with any of these measures, should these be applicable, the lessor could claim damages caused by negligence from the lessee.
In the event of theft of the boat, the lessee is obliged to make the proper report of this circumstance to the competent authority, delivering this to the lessor whom it will have immediately and urgently informed of the theft.
21.- DATA PROTECTION.
In compliance with Organic Act 15/1999, of 13 December, on Protection of Personal Data (LOPD) and Regulation EU 2016/679 on data protection, Thomas Freudenreich, as data controller, hereby informs you that your personal data will be processed and be incorporated in a database owned by Solar Partner Spain S.L. registered with the Spanish Data Protection Agency, for the purpose of carrying out the service contracted, the data requested being necessary for providing this service. In this respect, you expressly consent to collection and processing of your data for that purpose. Your data could possibly be assigned to a third party for collection management. You also authorise Solar Partner Spain S.L.o be able to use your personal data, even after the task initially commissioned is completed, to send commercial or advertising information, even by electronic mail. Tick the following option □, if you do not wish your personal data to be used for purposes of advertising or trade promotion. You are lastly informed of the possibility of exercising your rights of access, rectification, cancellation and opposition of your personal data with Solar Partner Spain S.L.
22.- LEGAL REGIME.
This contract is governed by what is laid down in Act 14/2014, of 24 July on Maritime Navigation and by the stipulations agreed by the parties.
Any complaint that the lessee may wish to bring should be made in writing when the boat is returned at the end of the contract.
Any actions resulting from this contract shall expire in one year as from the date of termination of the contract or final disembarkation of the lessee and his or her companions, if this were any later.
The parties hereby submit to the Administrative Authorities and Courts of Palma de Mallorca for settlement of any disagreement which may arise as a result of this contract.