1. Reservation and payment

Reservations must be formalized by paying 50% of the total rental price. The remaining 50% and a €200 deposit (cash or card) must be paid on the day of departure. If the customer fails to pay the second payment or the deposit, the reservation will be considered canceled. By paying the reservation, the renter accepts the terms of this contract.

2. Cancellations and annulments

Cancellations by the client must be made at least 72 hours in advance and will incur a €10 charge to cover processing costs. Refunds will be issued by bank transfer to an account number provided by the client, within 30 days of the cancellation date. If the renter cancels their reservation with less than 72 hours’ notice, they will not be reimbursed. If the renter cancels just before boarding, they will forfeit all amounts paid to the rental company, regardless of the amount, except in the case of adverse weather conditions due to the following:

• Wave Height: wave height greater than 1 meter.

• Wind Speed: wind greater than 20 knots.

• Precipitation: Heavy rain for more than 2 hours of the total navigation duration.

For cancellation due to bad weather:

• Two of the above conditions must be met to cancel the reservation.

• The reservation can only be cancelled on the day of boarding.

• The reference for weather conditions will be obtained from: WINDY, Es Grau:  www.windy.com

In this case, the landlord will offer the tenant two solutions, of which he may choose only one:

• Enjoy the service on another date.

• Recover the money invested. The entire amount will not be recovered, as €10 will be used for management fees.

3. Impossibility of delivery of the vessel by the lessor

If, due to breakdowns or any cause beyond the control of the lessor, occurring prior to the start of the lease, it is not possible to return the leased vessel, a vessel with the same or similar characteristics will be delivered to the lessee.

If this is not possible, the full amount paid up to that point for the lease will be refunded, with no compensation for damages.

4. Bail

No boat is allowed to leave without paying the €200 deposit.

On the day of embarkation, the lessee will deliver to the lessor the deposit indicated in the specific conditions. This deposit will be used to cover cancellations, breakdowns, damages, thefts, delays in returning the vessel, inventory and equipment discrepancies, compensation, misuse, negligence, and penalties of any kind agreed upon in this contract or that may arise as a result of breach of this contract. This is without prejudice to any legal action that may be taken to recover amounts exceeding the deposit.

Once the vessel has been returned on the agreed date, the check-out has been completed, and the lessee has fulfilled all obligations arising from the terms of this contract, the deposit will be returned to the lessee within approximately 48 hours. In the event of any disagreement between the parties regarding the conditions for returning the vessel and inventoried goods, the deposit will be returned upon resolution of the dispute, if any.

5. Duration

The lease term agreed upon in the specific terms of this contract may not be changed or altered without prior written authorization from the lessor.

6. Qualification

No nautical license is required to operate the boat, as the vessels do not exceed 15 hp or 5 meters in length. The skipper and companions agree to maintain a responsible attitude, always prioritizing the safety of themselves and other users.

7. Navigation area

The navigation area will be as stipulated in the specific terms and conditions of this contract. Failure to comply with this obligation will result in the automatic termination of the contract with the loss of any amounts paid for this purpose, as well as the deposit, regardless of the payment of any expenses and liabilities that may arise from such misuse.

8. Inventory

Prior to the delivery of the boat, both parties will jointly check in and inspect the boat’s inventory. Once this check is completed, this contract will be signed, confirming the acceptance and acceptance of the boat. If the lessee refuses to sign this contract, Section  2 – Cancellations and Annulments of these Terms and Conditions will apply. 

– Check-in within the rental period of this contract does not imply an extension of the period by the same amount of time used for the joint check-in review.

9. Conditions of use

The lessee is responsible for all acts of the persons listed on the vessel’s crew list or any person on board. The number of persons on board may not, under any circumstances, exceed the maximum capacity of the vessel, as specified by the lessor, regardless of what is stated in the vessel’s official documentation.
Furthermore, the lessee must comply with the following conditions of use of the vessel:

• It is prohibited to exceed the maximum speed of THREE KNOTS, established by the Navy Command/Port Authority in the Port of Mahón or within 200 meters of the coast.

• You must respect the bathing areas, always anchoring away from beach buoys; and also respect and stay away from buoys and boats flying the diving flag.

• Anchoring in posidonia or rocky areas is prohibited. Anchoring is only permitted on sand.

• The practice of water skiing or towing any floating device or equivalent is strictly prohibited.

• Animals will not be allowed on board unless expressly authorized by the lessor.

• The vessel may not be used to transport goods, passengers other than those indicated on the crew list, or to load weapons, animals, narcotics, or any toxic, dangerous, or legally prohibited substances.

• The lessee is obliged to use the vessel exclusively for tourist or recreational charters and therefore may not, under any circumstances, use it for commercial operations, professional fishing, transportation, sports competitions, recreational fishing, etc.

• Towing other boats is prohibited except in emergencies. The rented boat will only be towed in these cases.

• In the event of hazardous weather or sea conditions, the charterer undertakes not to leave the port where they are located or to proceed to the nearest safe port or anchorage. The charterer must be aware of the weather forecast at all times in order to maintain a navigation plan that will allow them to safely maintain the integrity of the vessel.

• It is prohibited to leave the vessel anchored without an experienced crew member on board and without supervision.

• Spending the night on the boat is prohibited.

• The skipper in charge of the vessel is prohibited from consuming alcoholic beverages or taking narcotic substances (in any form) before or during the operation of the vessel.

• Smoking is prohibited on the boat.

• It is prohibited to jump into the sea while the boat’s engine is running.

• Landing on beaches or any other coastal area is prohibited.

10. Subcontracting

Subletting or transferring the vessel by the lessee is strictly prohibited.

11. Administrative detentions ( capture and confiscation )

In the event of seizure of the vessel, the lessee shall pay the lessor a sum equal to twice the daily rental price for each day until the vessel is returned and delivered. In the event of confiscation, the client shall pay the full value of the vessel within eight days. In both cases, the lessee shall forfeit any amounts paid to the lessor.

12. Insurance

The vessel covered by this contract is covered by the corresponding insurance policy, and the lessee is obliged to take all necessary measures to comply with the obligations contained therein, being, where applicable, solely responsible for the consequences arising from the failure to comply with such obligations.

Any loss or damage to your personal belongings (cell phones, electronic devices, glasses, clothing, accessories, etc.) or those of other crew members on the boat will not be covered by insurance or the deposit.

The lessee expressly agrees that neither the insurance nor the security deposit cover accidents occurring off the boat.
The lessee is directly responsible for any damage, whether material or personal, resulting from their failure to comply with any of the obligations established in the vessel’s terms of use and/or negligence.

Furthermore, the lessee assumes all liability for any fine, penalty, loss or damage caused or arising from the violation of any other clause of this contract and/or for any violation of current Spanish and international laws and, specifically, against fishing laws, underwater fishing laws, the search for archaeological remains laws or the coastal law committed during the term of the contract, and for any damage that may be caused to guides, pontoons or other elements of the sports facilities where the lessee moors.

13. Breakdowns of the vessel during the contract

If, due to a breakdown during the rental period or other causes not attributable to the lessee, it is no longer possible to continue using the rented vessel, the lessor will reimburse the amount proportional to the hours during which the vessel could not be used or will provide a vessel of similar characteristics, if possible, at the lessee’s choice. Under no circumstances will the lessee be entitled to an extension of the rental period or compensation for any damages.

The tenant shall not order any repairs without first reporting the fault to the landlord, who must give permission. The repair costs shall be borne by the landlord.

Any damage resulting from negligence, incompetence, or improper use of the vessel by the lessee shall be fully paid by the lessee, and the lessor shall terminate this contract and reserve the right to claim any damages that the damage may cause. In such cases, the provisions of the first paragraph of this condition shall not apply.

The lessor is not responsible for any damage or damage caused by grounding, collisions with sandbanks, or shallow waters. The lessee should study the boating area in advance and take all necessary precautions.

14. Accidents

The lessee undertakes to immediately report any incident to the lessor and to immediately forward any letters, summons or notifications that refer to said incident and to provide full cooperation to the lessor and the Insurance Company in the investigation and defense of any claim and process.

At the time of the accident or incident, take the following measures:

1. Failure to recognize or prejudge responsibility for the incident, except for the “Friendly Accident Declaration.”

2. Obtain complete information from the other party, prepare the “Friendly Accident Report” or “Claim Report,” and provide witnesses. This information, along with the details of the accident, will be sent urgently to the lessor, and the lessor will be notified by phone in the event of a serious accident.

3. Immediately notify the authorities if the other party is found guilty.

4. Do not abandon the vessel without taking appropriate measures to protect and safeguard it.

In the event of the tenant’s failure to comply with any of these measures, if applicable, the landlord may claim damages from the tenant for negligence.

15. Theft

In the event of theft of the vessel, the lessee is obliged to immediately inform the lessor of this fact and to file the corresponding report of the incident with the competent authority, delivering it to the lessor.

16. Delivery and Return of the Boat

The time of delivery and return of the vessel will be stipulated in this contract.

The boat must be returned in the same condition as received, with the equipment neatly arranged and properly stowed, and in normal clean conditions, taking into account its use.

At the time of return, the parties will carry out a check-out of compliance.

Should the lessee fail to return the leased vessel at the agreed time and place, they shall be liable to pay the lessor, as damages, an amount equal to twice the daily rental price for each day of delay, except in the event that the delay in return is due to a risk or danger covered by the vessel’s insurance policy. In any case, the lessee undertakes to immediately inform the lessor so that the circumstances may be verified and the vessel may be recovered.

After 24 hours have passed since the scheduled time of return without this having been carried out, and without having heard from the lessee, crew or vessel, the lessor will begin the search, notifying the

competent authorities as necessary. All costs arising from this shall be borne by the tenant.

The boat must be returned in the same operating condition, equipment, and inventory as when it was delivered at the start of the rental. If, after check-out, any damage or breakage in the boat’s equipment or operation, or loss of inventory items and equipment, is found, the lessee will be responsible for the cost of repairs and replacements. This amount will be determined, in the case of items, based on the values ​​computed by the lessor in its accounting records, which will be presented to the lessee for this purpose, and in the case of repairs, based on an estimate from a specialized company.

17. Claims

Any claim the lessee wishes to make must be made in writing upon returning the vessel, at the end of the contract.

18. Suspensive condition

The validity of this contract is subject, as a suspensive condition, to the payment, by the tenant, of the amount of the reservation stipulated in general condition  1. Reservation and Payment , therefore the reservations will not be effective until the indicated payment. 

19. Data protection

The personal data contained in this contract are protected in accordance with Organic Law 15/1999 of December 13, on the Protection of Personal Data. These data may only be processed and transferred for the purposes of debt collection and for the purposes of the lessor’s advertising campaigns .

20. Jurisdiction

For the resolution of any dispute arising from this contract, the parties submit to the Administrative Authorities and Courts of Mahón, with their relationship governed by Spanish law.