GENERAL RENTAL CONDITIONS
1th) Both the lessor who rents out the boat and the tenant who wants to rent it, are acting in good faith.
2th) In case of non-fulfillment of any of these conditions by the tenant, this contract will be declared as null and void, losing the tenant all payments made on account.
3th) This contract has no validity until the lessor has received payment of the agreed amount for the reservation and provided that such payment is made before the date specified in this contract.
4th) Before delivery of the boat, the lessor must have received the total price of the rental, as well as the corresponding bail. Payment can be made by bank transfer to the account mentioned in the contract, in cash or by Visa card.
5th) Should the tenant for any reason cancel this contract, his payment for the reservation will not be refunded.
6th) The lessor commits himself to deliver the boat clean and in perfect working order at the place, date and time agreed. In the event of force majeure, among which could be a fault of the boat, the lessor has to notify the tenant immediately and do the utmost to solve the problem and/or try to find another boat of the same or superior category. In case the lessor cannot fulfill the agreed conditions, he refunds the tenant with the amount paid for reservation, who agrees not to make any further claim.
7th) The tenant is obliged to carry a mobile phone during the rental period.
8th) The lessor reserves the right to cancel the departure of the boat due to adversities like unfavorable weather or similar. If these circumstances do force the tenant to delay the initial and further departures, no price reduction or extension of the rental time can be demanded, unless both parties have agreed something different.
9th) Upon delivery of the boat, the tenant receives a detailed inventory of the accessories to which he has to give his approval or objection. He also will be handed over a copy of the insurance policy for the boat.
10th) The tenant will use and take care of the boat and all of its accessories according to good seamanship and will do everything to avoid losses, accidents and breakdowns. The lessor will particularly inform of the shallowness of certain areas of the local coast.
11th) If the lessor observes that the skipper of the boat performs dangerous maneuvers and/or demonstrates his inexperience during the rental period, he is allowed to cancel the contract, unless the tenant replaces the skipper, who also could be facilitated by the lessor.
12th) In case of accident or breakdown, the tenant has to contact the lessor by phone within shortest period of time. If he is unable to do so and immediate action is required, he has to proceed according to the good seaworthy practices, thinking in the safety of his dependants and the boat. If the fault is not due to his misuse of the boat and cannot be solved in a short term, the lessor reimburses him with the proportional part of the rent. In this case the tenant has no right to claim further damages. However, the lessor will make all possible efforts to find another boat for the tenant to continue the rental period.
13th) The boat is insured with the company Mapfre , covering damage to the boat itself, its occupants and to third party with the limitations shown in the general and special conditions of the policy.
14th) In the event that an accident occurs and for any reason the insurance company will not take over all or part of the damages, expenses or liability produced, the tenant must deal with all of them, releasing specifically the lessor from any liability.
15th) A delay in delivery of the boat on the day and hour will incur in penalty. The lessor has to pay € 55.- for each hour late. Should the tenant return the boat to a different place than agreed, he has to pay to the lessor all expenses and damages caused by this situation.
16th) The deposit received by the lessor before boarding, serves to cover any damage, loss or theft of any object not covered by the insurance company, or delay in returning the boat. However, if the amount resulting from any of the cases before mentioned exceeds the amount of the deposit, the tenant is required to pay the difference. The deposit will be returned to the tenant after checking the condition of the boat, the inventory and the repair, if it is necessary.
17th) When returning the boat at the agreed time, crew and luggage must have left the boat, leaving it ready for review by the lessor. Both parties will sign the document of the review with the agreement or concerns that may exist. In case there are discrepancies, the lessor will retain the amount of the deposit, until the matter is finally resolved.
18th) The boat will be delivered perfectly clean. The tenant must return the boat in the same state or pay € 45.- for cleaning.
19th) Fuel cost and mooring in other ports than the RCN Calpe are on behalf of the tenant.
20th) It is strictly forbidden to board weapons, narcotics, general contraband, goods, barnstorming and animals as well as participate in regattas, commercial fishing and any activity penalized by actual law.
21th) Subcontracting or subletting is not allowed.
22th) In the case of non-compliance with the standards set by the maritime authorities and/or customs, the responsible will be the skipper of the boat and secondarily the tenant, expressly releasing the lessor from any liability. In the event that for reasons attributable to the tenant, skipper or crew, the ship is detained or sealed by any authority and cannot be returned to the lessor on the date and time specified in the contract, the tenant has to pay the same amount to the lessor that latter would have paid to the tenant for delay of delivery as mentioned in clause 15th. Any fine or penalty received by the lessor, referring to the use of the boat by the tenant during the time of the lease, will be payable by the tenant.
23th) For any dispute which may arise from the interpretation and fulfillment of this contract, the parties waive any jurisdiction to which they may be entitled and expressly submit themselves to the competence of the Courts and Tribunals of Denia and those superior in jurisdiction.