GENERAL CONTRACTING CONDITIONS

The boat rental of Nautic Fun Charter (Fun Rent a Boat, S.L.), (The Lessor) is subject to the following legal conditions and terms.

1. Booking and payment

The booking of the boat will be confirmed once the Client (the Lessee) has paid 50% of the total rental amount, and no boat will be considered a firm commitment until such payment is made. The rest of the amount will be paid maximum, and at the latest, 3 days before the departure of the boat, in case it is not made, the booking will be considered canceled. With the payment of the booking the tenant accepts the conditions of this contract.

2. Changes in the rental booking

The lessee may modify the rental booking of the boat up to 7 days before the departure date, provided that on the new selected date there is availability of a boat with similar characteristics to make the change. The request to change the booking date can only be made by email, or in person, at the Nautic Fun Charter offices. The change will only be confirmed with the express written acceptance of the Lessor.

3. Cancellations for personal reasons

In the event that the tenant cancels the rental 15 days in advance or less, he will lose the payment of the total amount of the booking.

4. Cancellations due to bad weather

In the event of cancellation due to bad weather, the lessee and / or the lessor may avail of one of these two options:

1. In case of adverse weather conditions, the lessee and / or the lessor may change the date of the rental, provided that on the new selected date there is availability of a boat of similar characteristics.

2. In case of adverse weather conditions, the lessor will deliver a voucher to the lessee for the amount of money he has paid for the booking. The voucher will be valid for 1 year. In the event of adverse weather conditions, the booking of the boat rental may be canceled or canceled, as long as 2 of the following conditions are given simultaneously:

• Wave height: wave height greater than 1 meter.

• Wind speed: wind over 20 knots.

• Precipitation: heavy rain for more than 2h of the total duration of the sailing day.

* The reference to verify the weather conditions will be obtained from the WINDFINDER application, Mahón Meteorological Buoy, and on the web: https://es.windfinder.com/weatherforecast/mahon_menorca

Due to adverse weather conditions, you can only cancel a booking for a whole day (Day charter).

The booking can only be canceled in the office, the same day of boarding.

5. Impossibility of delivery of the boat by the lessor

If for reasons of breakdown or for any other reason beyond the control of the lessor, it is not possible to deliver the leased boat, the lessor will deliver a boat of the same or similar characteristics to the lessee. If this is not possible, and at the choice of the lessee, a lower category boat will be delivered (with the consequent return of the proportional difference in the rental price) or the full amount paid up to that moment for the lease will be returned without any compensation for damages.

6. Deposit

Not allowed to sail with a rental boat without paying the deposit, including those vessels that sail with a contracted skipper.

On boarding day, the lessee will provide the lessor with the deposit indicated in the specific rental conditions of each boat, which will respond to cancellations, breakdowns, breakages, damage, theft, delays in returning the boat, differences in the inventory and equipment, compensation, misuse, negligence and penalties of any kind agreed in this contract or that may arise as a consequence of non-compliance. All this without prejudice to the legal actions that were appropriate to claim those amounts that exceed the bail.

Returned the boat on the agreed date and time, performed the Check-Out in accordance and fulfilled by the lessee all the duties arising as a result of the agreement in this contract, the deposit will be returned to the lessee within an approximate period of 48 hours. In the event of discrepancies between the parties regarding the return conditions of the vessel and inventoried goods, the deposit will be returned at the end of the dispute that arises, if applicable.

7. Inventory

Prior to the delivery of the boat and within the public service hours, both parties, together, will proceed to the Check-In and corresponding inventory. Once done, the corresponding accreditation and compliance document will be signed. If the tenant refuses to sign the Check-In, point 3.- Cancellations due to personal causes will apply.

Carrying out the Check-In within the duration of this contract does not imply an extension of the term for the same time used in the joint review of the Check-In.

8. Deliveries, returns and rental duration

The boat will be delivered to the facilities of Marina Menorca, in the Moll de Sa Colársega, Puerto de Mahón, from 10:00 a.m. The boat will be returned at the same point, until 7:00 p.m. on the last day. If the tenant wishes to return later than the established time, they can do so, agreeing with the lessor and paying the corresponding supplement, never exceeding 9:00 p.m.

Any refund made after the agreed time and that is not for reasons beyond the control of the tenant, will be penalized with 25% of the amount of the day's rent for every 30 minutes of delay, which will be deducted from the deposit.

The boat must be returned with full fuel tanks, otherwise the lessor will bill the amount of fuel consumed, as well as the charge for the refueling service. At the time of the return, the Check-out will be carried out between the parties, issuing at the end of this the corresponding accrediting and compliance document.

The boat must be returned in identical operating conditions, equipment and inventory, to those of its delivery at the beginning of the rental. If after the Check-out any deterioration or breakdown in the equipment and operation of the boat, or loss of items in the inventory and equipment, the amount of the repairs and replacements will be borne by the lessee.

Regarding multi-day rentals, in the case that the lessee does not return the boat at the agreed time and place, he must pay damages to the lessor consisting of double the daily rental price, for each day of delay, except for the assumption that the delay in the return is due to the production of a risk or danger covered in the vessel's insurance policy.

In any case, the lessee agrees to immediately inform the lessor in order to verify the circumstances and recover the boat. After 24 hours have elapsed from the expected time of the return without it having been carried out, and without hearing from the lessee, crew or boat, the lessor will start the search for it, communicating it to the competent authorities as necessary. All the expenses that this causes will be borne by the lessee.

9. Sailing qualifications

All Nautic Fun boats require a license for navigation. The rental of the boat can be done with or without a skipper. In the event that the lessee or other crew member has the required qualification, she must carry in order the documentation that accredits her as suitable for handling the vessel in question.

The person who will pilot the boat must presente the identity document and sailing qualification. If the documentation presented does not enable it or is not in order for the government of the boat, the contract will be automatically resolved, with the amounts paid to date held by the lessor as damages. The lessor reserves the right not to make the boat available to the lessee in case the skipper does not appear to have sufficient technical expertise or competence despite the title presented, the amounts paid to date being held by the lessor in concept of damages.

10. Navigation area

The navigation area will be that stipulated in the particular conditions of the contract, provided that the qualifications of the presented skipper enables it to do so. Failure to comply with this obligation will imply the automatic termination of the contract with the loss of the amounts delivered for this purpose, as well as the deposit, and all this regardless of the payment of the expenses and responsibilities that may arise from said misuse.

Some boats have a Boat Track device that allows you to control the movements of the boat, as well as some of its functions: http://boatsecurity.com/seguridad-a-bordo/boat-track/

11. Conditions of use

The lessee is responsible for all the acts of the people indicated in the crew list of the boat or any person who is on board, that number of people may not exceed in any case the maximum capacity of the boat, reported by the lessor, regardless of what is indicated in the official documentation of the boat. 

In addition, the lessee will respect the following conditions of use of the boat:

• It is prohibited to exceed the maximum speed of THREE KNOTS, established by the Port Authority, in the Port of Mahón, or to sail less than 200 meters from the coast.

• The swimming areas must be respected, always anchoring outside the buoys on the beaches; and also respect and stay away from buoys and boats with a diver's flag.

• The practice of water skiing or dragging of any floating element or equivalent is strictly prohibited.

• It is forbidden to use the boat for the transport of merchandise, of travelers other than those indicated in the crew list, the shipment of weapons, animals, narcotics or any toxic, dangerous or prohibited by law.

• The lessee is required to use the boat exclusively as a tourist or recreational charter, so under no circumstances can it be used for trade, fishing, transport, sports competitions, and any other incompatibilities with the purpose of the rental.

• The towing of other boats is prohibited except in cases of urgency, and the rented boat will only be allowed to be towed in the same cases. • In case of adverse meteorological reports about the weather or the sea, the lessee is required not to leave the port where he is located or to go to the nearest safe harbor or anchorage to his position. The lessee must know the weather reports at all times to carry out a navigation plan that allows him to preserve the integrity of the boat and the entire crew without risk.

• It is prohibited to leave the boat at anchor without an experienced crew member on board and unattended.

• For overnight stays on board, you can only anchor in designated areas, such as buoy fields or marinas.

• It is prohibited for the employer in charge of the government of the boat to consume alcoholic beverages or take narcotic substances (in any form) before or during the operation of the boat.

12. Subcontracting

The subletting or transfer of the boat by the lessee is totally prohibited.

13. Administrative withholdings (capture and confiscation)

In case of capture of the boat, the lessee will pay the lessor an amount equivalent to double the daily rental price for each day that elapses until the restitution and delivery of the boat takes place, as compensation for the damages and losses caused. In case of confiscation, the client will pay the full value of the boat within eight days. In both cases, the lessee will lose, for the benefit of the lessor, the amounts delivered.

14. Fuel and other expenses

The rental price does not include fuel. The boat will be delivered with a full fuel tank and must be returned in the same condition,along with the refueling receipt. In case of returning the boat without fuel, the lessor must assume the cost of fuel plus a supplement of 80€ for the service.

All the expenses of provisioning, lubricants, gas, ice, moorings in ports and marinas, and in general the costs of material and maintenance of the boat during the rental, will be the sole responsibility of the lessee, not being included in the rental price.

15. Rental insurance

The vessel that is the object of this contract is covered with the corresponding insurance policy. The lessee must take all necessary measures to act in accordance with the obligations contained therein, being, where appropriate, solely responsible for the consequences of non-compliance with such obligations.

The lessee expressly accepts that the insurance does not cover accidents occurring outside the boat or losses or damages that may be suffered by her personal effects or those of the other crew of the boat. The lessee is directly responsible for any damage, material or personal, that derives from his failure to comply with the obligations established in the conditions of use of the boat and / or negligence on his part.

16. Compliance with current legislation

In addition, the lessee assumes all responsibility for a fine, sanction, damage or harm caused or derived from the violation of any other clause of this contract and / or for any violation of the local, national and international legislation in force and, specifically, against the fishing laws, spearfishing, search for archaeological remains or the coastal law committed during the term of the contract, and on any damage that may occur to guides, pontoons or other elements of the sports facilities in which they moor.

17. Breakdown of the boat during the contract

If it is not possible to continue in the leased boat due to damage caused during the rental or other causes not attributable to the lessee, the lessor will refund the amount proportional to the days when the use of the boat has not been possible or will facilitate a boat of similar characteristics, if possible, at the choice of the lessee.

In no case will it give the right to the extension of the rental period or compensation for any damages. The lessee will not order any repair without first having indicated the fault to the lessor who must grant their permission. The repair costs will be paid by the lessor.

Damages as a consequence of the negligence, ineptitude or poor use of the boat by the lessee, will be paid for in its entirety, and the lessor will terminate this contract and reserve the exercise of the claim for damages and losses that the breakdown could generate.

In such case, the provisions of the first paragraph of this condition will not apply. The lessor is not responsible for any damage or malfunction caused by run-ins, collisions with sandbanks or low bottoms.

The lessee must study the navigation area in advance and take all necessary precautions.

18. Accidents

The lessee agrees to immediately inform the lessor of any claim and to immediately transmit any notification, letter or summons regarding said claim and to fully cooperate with the lessor and the Insurance Company in the investigation and defense of any claim and process. At the time of the accident or claim, it will take the following measures:

1. Failure to acknowledge or prejudge responsibility for the fact, except for the "Accident Friendly Declaration".

2. Obtain complete data from the opposing party, make the "Accident Friendly Declaration" or the "Claims Report", witnesses, who, together with the details of the accident, will urgently send the lessor by telephone in case of a serious accident.

3. Immediately notify the authorities if there is guilt of the opposing party.

4. Do not leave the boat without taking adequate measures to protect and safeguard it. In case of breach by the lessee of any of these measures, if applicable, the lessor may claim damages from the lessee caused by negligence.

19. Theft

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

20. Claims

Any claim that the lessee wishes to make must be made in writing at the time of the return of the boat, at the end of the contract. It is expressly agreed that the company does not assume any responsibility for loss or damage to any of the goods left, stored or that the lessee or other person forgets, saves or transports the boat, either during or after the end of the rental. The lessee assumes the risk of such losses and exempts the company from all claims for them.

21. Suspensive condition

The validity of this contract is subject, as a condition precedent, to the payment, by the lessee, of the amount of the booking stipulated in general condition 1. Booking and payment, therefore, the bookings are not effective until the indicated payment.

22. Data protection

The personal data contained in this contract is 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 companies in charge of collection management, and to carry out advertising campaigns for the lessor and any other company of the Sasga Group (Sasga Estribor, S.L. or any of its investee companies).

23. Jurisdiction

For the solution of any controversy as a consequence of this contract, the parties submit to the Administrative Authorities and Courts of Mahón, the relationship between them being governed by Spanish Legislation.