General terms and conditions

 

1. Rental conditions

The boat is equipped with all necessary rescue equipment (first aid kit, life jackets, signals, etc.), which must be used in case of emergency. If they are used without any reason, the cost of replacement of the items will be charged or deducted from the deposit. Bathing from the boat is at your own risk. Parents or persons in charge of supervision are responsible for the safety of children. The renter is responsible for the pollution of the water and the environment caused by him. Garbage must be collected and disposed of on land according to the regulations. The customer agrees that his references or pictures may be used on the homepage or social networks of the landlord.

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2. Insurance/deposit/liability

The boats have the insurances required by the Spanish legislation. The lessor is not responsible for any damage that is not covered by the insurance of the boat, this applies especially in case of gross negligence or culpable, deliberate causing of damage. When renting the boats a deposit of EUR 250,- (for boats without license) or EUR 1.000,- (for boats with license) is required. Under normal circumstances, the Lessee's liability is limited to the cost of damages to be repaired on the boat or damages to third parties for which the Lessee or his guests are responsible (accidentally or intentionally) to the amount of the deposit paid. Upon return of the clean and undamaged boat, the deposit will be refunded. In case of a claim for compensation from third parties against the Lessor, due to omission or due to actions of the Lessee, the Lessor is free from all consequences of civil and criminal liability, including consequences in case of national or international legal proceedings. The Lessee undertakes to inform the Lessor immediately by telephone about damages, accidents and other extraordinary incidents or claims, but at the latest when returning the boat.

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3. Handover/return of the boat and inventory:

Upon handover of the boat, a visual inspection of the same as well as the inventory will be carried out. The lessor guarantees the perfect condition of the boat, the engine and the completeness of its equipment. When the boat is returned, a new inspection will be carried out to check for damage and the completeness of the equipment. The deposit will be set off against any damage or loss. If the degree of dirtiness is high when the boat is returned, a fixed amount of EUR 50,- will be charged for the final cleaning. If the return of the boat is delayed due to force majeure (e.g. strong wind, high waves), it must be done as soon as possible after the end of the reason. In this case, the lessor must be informed immediately by telephone. Until this moment, the terms and conditions apply and the renter will not be charged any penalties nor additional costs. However, if the Lessee delays the return of the boat to the Lessor in the port of delivery, the Lessee will be charged a rate equal to 20% of the daily rental price for each hour or part thereof. In case of a delay of more than 4 hours, a report will be sent to the sea rescue and the boat will be reported as lost. The costs incurred by the sea rescue will be charged to the renter in case of intentional delay.

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4. Cancellation:

Should the renter, in whose name the reservation was confirmed in writing, have to cancel for private reasons, this must be indicated in writing. The cancellation will take effect from the date of receipt of the same. The following cancellation rates will be charged. If more than 21 days before the beginning of the rental; no cancellation fee. 21 to 7 days before the beginning of the rental: 50% of the charter amount. 7 to 0 days before the beginning of the rental: 100% of the charter amount.

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5. Reservation:

The boats can be paid in full before the beginning of the rental with a 5% discount on the rental price. Otherwise a deposit of EUR 100,- is required. The final payment will be made before the beginning of the rental. If the payment is not made, the lessor is not obliged to provide its service.
 

6. The area:

The renter may sail the boat only within the region in the navigation zones in which the boat is registered and insured. The sailing area of the boats without license is limited to the Bay of Alcudia (Cape Menorca to Cape Farrutx). Boats requiring a license can sail in the east to Cala Ratjada or in the west to Cape Formentor, the 2 nautical mile limit must be respected. Especially at Cape Farrutx, Cape Menorca and Cape Formentor dangerous waves and currents can occur. If the renter takes the boat outside the allowed navigation zone, he will be asked to take the boat to the nearest port and leave it. If the contract ends in this way, the renter is not entitled to a refund of the rental price and the deposit paid. Any costs incurred due to loss of rental and return of the boat to the home port shall be borne by the renter. Pay special attention to the no-driving zones on beaches (yellow garbage cans).

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7. Number of persons:

The renter may not exceed the maximum number of persons allowed on the boat during the rental period. If this is intentionally exceeded, the contract is immediately terminated. The renter has to go to the next port immediately and loses his deposit. In this case there is no insurance coverage for the renter. Damages are to be borne by him.

 

8. Use:

The boat may be used by the renter and his guests. The boat may not be sublet or used for commercial purposes. The lessee guarantees that his behavior and that of his guests will not disturb other people and will not cause the rental company to be discredited. The Lessee shall not allow on board any persons who do not belong to the group of the rental. The renter and his guests comply with the legislation and regulations of Spain and the Balearic Islands, in whose territory the boat moves during the contract period. It is forbidden to smoke on board, as well as the consumption and possession of narcotic drugs or prohibited substances, for which the renter bears the responsibility and risk. Costs of authorities by imposed sanctions/penalties are to be borne by the Lessee.

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9. Malfunction:

The boat may be used by the Lessee and his guests. The boat may not be sublet or used for commercial purposes. The lessee guarantees that his behavior and that of his guests will not disturb other persons and will not cause the rental company to be discredited. The Lessee shall not allow on board any persons who do not belong to the group of the rental. The renter and his guests comply with the legislation and regulations of Spain and the Balearic Islands, in whose territory the boat moves during the contract period. It is forbidden to smoke on board, as well as the consumption and possession of narcotic drugs or prohibited substances, for which the renter bears the responsibility and risk. Costs of authorities by imposed sanctions/penalties are to be borne by the Lessee.

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10. Complaints:

Under the contract, all problems must be reported to the Lessor directly when they occur and not after the termination of the contract. If this condition is not fulfilled, the Lessor cannot take any responsibility, as he was not given a chance to check or solve the problem. The landlord assumes no liability if the fault was caused by the tenant, his guests or third parties or by an incident that the landlord could neither foresee nor avoid.

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Status: January 2023

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© Bluebay Charter S.L.