GENERAL CONDITIONS
1. THE CUSTOMER affirms that the skipper of the boat designated by this contract has the needed knowledge and experience to steer the rented boat, that he owns the required certification in Spain and that he will have it at disposal of the authorities during the term of this contract.
2. SA BARCA rents the leisure boat described above for the period and price specified above, subject to the present conditions.
3. THE CUSTOMER is obliged to use the rented boat as if it were his property, following the good seafarer rules and according to the regulations currently in force. THE CUSTOMER is obliged to keep the rented boat and its facilities in good condition.
4. THE CUSTOMER will not exceed the authorized number of people. The boat subject of this contract will be used as a leisure boat, and is not allowed to use it for commercial or lucrative purposes nor is he allowed to sublet it.
5. THE CUSTOMER should only navigate within the Spanish jurisdictional waters and subject to the limitations of the navigation area specified above. In addition, the client agrees not to leave the waters of Formentera, and not to cross to Ibiza.
6. THE CUSTOMER commits not to leave the boat moored or anchored without anyone on board, in unprotected waters or anywhere not subject to mooring fee. IT IS WARNED THAT THIS CIRCUMSTANCE IS EXCLUDED FROM THE INSURANCE COVER.
7. THE CUSTOMER commits not to steer the boat subject of this contract under the influence of alcoholic drinks, toxic drugs or narcotics and not to embark arms or illegal substances.
8. THE CUSTOMER is responsible for any damage, harm, loss or breakdown occurred in the rented boat, or in any of its elements like for instance in the dinghy with the outboard engine, as well as for the delay in the delivery of the boat.
9. THE CUSTOMER will inform SA BARCA immediately of any accident, breakdown or incident regardless its nature. In case of accidents a written report should be completed detailing the causes, circumstances and consequences of the accident; the name, surname and address of the originator if he is known, as well as of any witness or injured people in case they are known. Any fortuitous, spontaneous, external or violent event will be considered an accident.
10. The Customer must take special care use and handling of the W.C. (Water Closet) to avoid any obstruction or clog of the drain. Do not throw toilet paper, sanitary towels, cotton, tissue hand towels or any other element that could clog it. Do not move or change valve position of sewage tanks.
Any breach of these rules producing any kind of clogging in the toilet, during the boat rental, will lead to an extra fee of €300,00 for damages caused to the charter company.
11. Should this contract be cancelled for any cause attributed to THE CUSTOMER, the following conditions will apply:
• For bookings of solarium llaüts: Scotty or la Forge.
– Cancelled with less than 2 weeks notice prior to the departure date: the deposit will not be refunded.
– Cancelled with less than 1 month and more than 2 weeks notice prior to the departure date: half of the deposit will be refunded.
– Cancelled with 1 month or more notice prior to the departure date: the deposit will be fully refunded.
• For bookings of cabined llaüts: Kirk.
– Cancelled with less than 1 month notice prior to the departure date: the deposit will not be refunded.
– Cancelled with less than 6 weeks notice prior to the departure date and before than 1 month: half of the deposit will be refunded.
– Cancelled with 6 weeks or more notice prior to the departure date: the deposit will be fully refunded.
12. PENALTIES FOR LOSS, DELAYS OR DAMAGES: In case of loss and / or damage to the material delivered, and in the case of non-compliance with the agreed repayment schedules, Sabarcadeformentera will charge the following amounts:
Diving mask € 20 / Fins € 25 / Snorkel € 10 / waterproof bag € 25 / Binoculars € 30 / Volley-ball € 15 / Rubber Dinghy € 500 (loss or theft) / Sun Umbrellas € 15 / Planispheres € 20 / nautical guide € 25 / Life Vests € 25 / Flares € 20 / Fire extinguisher € 45 / Signal-mirror € 10 / Flashlight € 15 / Outdoor Lamp € 20 / Gas-canister € 20 / Hook € 20 / Pneumatic Inflator € 25 / Oars € 25 / outdoor mats seats € 150 per unit / outdoor solarium mats €225 per unit /
The time limit for returning the boat must be respected, otherwise a proportional payment will be charged in addition to a compensation of 30€. If the delay is greater than 2 hours and it causes the next customer to cancel its reservation, an additional penalty will be charged equivalent to one extra day of rental.
13. The boat has compulsory insurance for rental boats with an excess of €500 for which the lessee or client is responsible by paying a deposit of €500 by credit card or in cash when picking up the boat. On the Scotty and La Forge solarium boats it is possible to eliminate this deposit by paying €25/day.
14. CANCELLATIONS OR DELAYS ATTRIBUTABLE TO SABARCADEFORMENTERA: Sabarcadeformentera may at its own discretion cancel the booking, in that case the rental cost will be refunded. In such event, the customer will not claim any further compensation. In the event of delay in delivery by sabarcadeformentera, the proportional part will be deducted from the cost. If such delay exceeds two hours the customer may cancel the contract.
15. THE CUSTOMER gives his consent for his personal data to be collected and processed in accordance with the data protection laws. The records are stored and used according to the limits and terms of the laws and THE CUSTOMER has the right to access them and to request modification or to withdraw his consent.
16. All claims relating to this contract shall be interpreted only by the Court of Ibiza (Spain), renouncing both parties to their own jurisdiction.
17. This contract is translated as accurate as possible to English, For our non Spanish speaking customers. However in case of doubts, misunderstandings or discrepancies of interpretation of any of the clauses of this contract, the Spanish version will always prevail in front of the translation of the contract.
IN WITNESS WHEREOF, and in recognition of the terms set forth herein, both parties herby sign in duplicate, at the place and on the date below.