Rental terms and conditions
GENERAL CONDITIONS OF CONTRACT, RESERVATION AND RENT:
The present general rental conditions regulate the commercial relationship between Rentboatmalaga.com and its clients.
The hiring of services provided by Rentboatmalaga.com, implies the full and unreserved acceptance of this general rental conditions and the particular conditions, when applicable, for each product or service contracted.
This general rental conditions are accessible and can be consulted on the web https://rentboatmalaga.com/.
CLAUSES:
1. It is an essential requirement to consider yourself as a customer of the service, accept and sign the conditions of the contract.
2. Children under 18 years of age will not be admitted as clients. The client declares, under his sole responsibility, that he is over eighteen years old and that all the information he provides about his personal circumstances is true.
3. The client declares and guarantees that he has sufficient powers to accept the present general conditions of contract, reservation and rent.
4. The Client must have the required qualification if necessary.
5. It is the desire of the landlord to deliver the rental vessel, and It is the lessee’s wish to receive It for rent, both in good faith. The faisity or decelt by the lessee In any of the particular speciflcations of this contract, will result in the immediate cancellation of the same, losing the lessee the amounts delivered.
6. This contract will not be valid until the lessor has received the payment for the agreed reservation and provided that sald payment is made before the date specified in this document. Before the delivery of the boat, the lessor must have received the entire price, as well as the corresponding deposit. Payment may be made by transfer to the lessor’s account specified on the back, In cash, or with a Visa card. To make the reservation, the client must pay an advance payment of 30%.
7. The lessor undertakes to deliver the boat iri perfect working order and cleanliness, in the place, date and time agreed. In the event that, due to force majeure, among which may be the breakdown of the boat, it cannot be delivered, the landlord undertakes to Inform the lessee immediately, as well as to put all the rcieans Humanly possibie to solve the problem and / or try to find another rental boat of the same category. In the event that the agreed conditions cannot be fulfilled, the lessor will pay the lessee as compensation for damages to the lessee 10% of the amounts received, immediately returning them. The lessee agrees not to make any additional claims.
8. At the time of delivery of the boat, the lessee will receive from the landlord the inventory with the detail of the material that is delivered to him, so that he gives his agreement or repairs to it. Likewise, the general and particular conditions of the insurance policy available to the vessel will be delivered. The lessee will use and take cara of the vessel received and all its accessories following good marine practicas and will use all means to avoid losses, accidents or breakdowns. In particular, the landlord mentions the importante of the amplitude of the tides and currents in the area, of accidents caused by violent transluchants, if any.
9. If the lessor observes during the rental period that the boat owner performs dangerous maneuvers and / or evidentes his inexperience, the lessor may cancel the rental contract in advance, returning the lessee 50% of the rete for hours not used , or else the lessee could change the pattern that couid be provided by the landlord.
10. In the event of an accident or breakdown, the lessee should contact the landlord by telephone in the shortest possible time, and in the case of not being able to do so and an immediate action is required, he will do what the gpod marine practicas recommend at that time, thinking about the safety of the people in charge and the boat.
11. In the event that you proceed to contract the repair, you must request an invoice in the neme of the lessor, so that he can reimburse it when you disembark.
12. If the breakdown is not due to the misuse of the vessei made by the lessee and cannot be resolved shortly, the landlord will return to the lessee the part provided) of the rent not enjoyed, without the lessee beíng able to make any claim for damages. However, the lessor will carry out all the> possible steps, aimed at finding another ship so that the tenant can continue his vacation sailing.
13. The vessei has a contracted insurance policy, with coverage for accidents both on the vessel itself and for civil liability and occupants with the limitations specified, in the general conditions of the policy. In the event that an accident occurs and that under any circumstance the insurance company does not take tare of all or part of the damages, expenses or civil liability produced, the lessee must face all of them in charge, expressly releasing to the landlord of any responsibility.
14. In the event that the lessee wishes to extend the rental period, he may do so with the prior consent of the lessor and agreeing on new conditions for the period of the extension.
15. The delay in the delivery of the boat on the day and time indicated will have a penalty, which the lessee will pay to the lessor, equal to the extra hour stipuiated for each hour of delay.
16. In the event that the vessel is left in a different place than the one agreed upon, the lessee must pay the lessor all the expenses, damages and losses that this may cause.
17. In the event that children are going to embark, they must notlfy the landlord in advance to replace adult life jackets, with those appropriate to their size.
18. The deposit received by the lessor before embarking, serves to respond to a ny damage, loso, theft or theft of any object not covered by the insurance company, or the deiay in the return of the vessel. However, if the amount resulting from any of the indicated cases exceeds the amount of the deposit, the lessee will be obligad to pay the difference.
19. The deposit will be returned to the lessee, once the status of the vessel has been checked and the inventory and repair have been mude, where appropriate.
20. At the time established in this contract for the return of the vessel, the personnel and their iuggage must be landed, leaving the vessel ready for revlew by the lessor. Both parties will proceed to sign the revision document with the conformity or repairs that may exist. In case there are discrepancias, the lessor will withhold the amount of the deposit, until the matter is finally resolved.
21. The boat and its material will be delivered in perfect state of cleanliness. The lessee must return the boat in the same state or pay 61 euros for cleaning.
22. The costo of supply, fuel, rnoorings and crew, where appropriate, are borne by the lessee.
23. It is totally forbidden to ship weapons, narcotizo, general contraband, merchandise, paying passengers and animals, as well as participating in regattas, commercial fishing and any activity sanctioned by current legislation.
24. Subcontracting or sublettIng are also not allowed, the tenant committing himself to use the yacht oniy for himself, family, friendo or his own staff, which in total may not exceed the number of people for whom the vessel Is dispatched.
25. In the case of non-compliance with the tules established by the maritime and / or customs authorities, the person in charge will be the owner of the vessel and, In turn, the lessee, expressly freeing the landlord from any responsibility.
26. In the event that for reasons attrlbutabie to the lessee, the e mployer or the crew, the ship Is retalned or sealed by any type of Authority and, consequently, the lessee does not return the ship to the lessor on the date stipulated in the contract, they will be application the amounts that the lessee must pay to the lessor for deiay specified in the previous clause of delay in delivery.
27. Any fine or penalty received by the lessor and referred to the use of the rented vessel for the period of the lease will be paid by the lessee.
28. The intervening parties agree that any dispute, dIscrepancy, lssue or claim resulting from the execution or interpretation of this contract or related to the rental specified in it, will be definitively resolved by arbitration within the framework of the Court of Guam of Málaga. Likewise, the parties expressly state their commiiment to compiy with the arbitration award that is said.
29. The lessee will deliver to the lessor at the time of signing the contract, the photocopy of the recreationa I title required to be able to man the boat and it will be responsible for the boat to be manned at all times by the person who holds said title being expressly prohibited to assign or sublet the rental of it to third parties.
30. It is strictly forbidden to crew the boat under the influence of alcohol, drugs or other narcotics, always being under its responsibility and exonerating the landlord from any responsibility In Ibis regard.
GENERAL CONDITIONS OF CANCELLATION:
By the Client:
- If the service is cancelled one week before the departure date, 100% of the reservation amount will be refunded to the client.
- If the service is cancelled 3 days before the departure date, 50% of the reservation amount will be refunded to the client.
- If the service is cancelled 24 hours before the departure date, the client will lose the reservation amount.
By the Company:
The Company reserves the right to cancel the service in case of climatic conditions do not allow safe navigation. In this particular case, the date Service will be changed at client request, choosing a new one (previously consulting availability of the boat).
If the client is unable to select a new date (either because the end of their holidays is near or they must return to their countries) the amount of reservation made, will be refunded.