These GENERAL CONDITIONS OF CONTRACT FOR THE RENTAL OF RECREATIONAL BOATS WITH CREW (hereinafter, "General Conditions") will regulate the contractual relationship between OTHMAN KTIRI GROUP, S.L. with C.I.F. B57653321 and registered office at Avda. Gran Via Asima, 36 A, 07009 Palma (hereinafter, "OK MOBILITY or "Lessor") and the paying client (hereinafter, "Lessee"), by virtue of which the former assigns to the latter the use of a pleasure boat with crew (hereinafter, "the boat") for the term, price and other conditions stipulated by the parties to the rental contract (hereinafter, "Contract"), which will be made and signed at the Lessor's facilities or on the boat itself that is leased and always prior to the departure of the contracted route. If there is a discrepancy between the content of any point of the General Conditions with those of the particular ones signed between the parties, the latter will prevail.
1. OBJECT OF THE CONTRACT
It is the lease of a pleasure boat with crew described in the particular conditions of the Contract for the carriage of passengers and their luggage, complying with all the General Conditions established in this document.
2. CONDITIONS AND METHOD OF PAYMENT OF THE ONLINE RESERVATION.
The Lessee accepts that the lease will not be made in case the rental price has not been partially and / or fully disbursed at the time of making the reservation request by payment with a bank card owned by the Lessee.
Failure to pay the price of the reservation in full will entitle the Lessor to cancel the requested rental service.
For reservations made more than 90 days in advance, the Lessee will be obliged to pay 80% of the rental price at the time of booking and the remaining 20% must be sufficiently in advance and at least one month before departure to the start date of the rental, the remaining 20% must be reviewed.
In case of reservations made equal to or less than 60 days in advance, the Lessee will be obliged to pay 100% of the rental price at the time of booking.
The reservation will not be validly made and registered without the prior payment of the rental price and confirmation by the Lessee of having known, read, understood and accepted these general conditions of contract for recreational boat with crew.
3. RENTAL PERIOD: DELIVERY (CHECK-OUT), RETURN (CHECK-IN) AND EXTENSION
The duration of the lease included in the contract may not be varied or altered without prior authorization from the Lessor.
- Rent 1 Day: From 10am to 18pm
- Rent 1/2 Day: From 10am to 14pm or from 14pm to 18pm –
- Supplement per hour 120€.
- Week Rental: Embarkation Saturday between 16pm and 18pm - Disembarkation Saturday maximum at 10am.
Check-Out and Check-In will take place at the Lessor's facilities and/or at the mooring designated by the Rental Lessor before the departure of the journey and before the moment in which the Lessor wishes to leave the boat at the end of the journey.
The extension of the rental contract and the term initially agreed will be subject to availability and the Lessee and must previously obtain express authorization from the Lessor and immediately pay the amount of the additional deposit for said extension, being the price applicable to the period of extension of the rental the one indicated in the General Rate In force, established on the Landlord's website or other means that the Lessor considers. The Lessor reserves the right to deny the request for extensions for operational, technical or climatological reasons that prevent navigation and / or the safety of the boat, crew and passengers.
4. CONDITIONS OF DELIVERY "CHECK OUT" OF THE BOAT.
Upon delivery of the boat, and within the hours of attention to the public, both parties will proceed to the check-out and corresponding inventory, and the Lessor and Lessee will sign the corresponding document / part of accreditation and conformity.
The Lessee may not refuse to check-out or sign, even with the warnings he deems precise and necessary, the document prevented. In case of refusal to subscribe to the check-out document, the Lessor will have the right to deny the rental service.
The realization of the check-out within the foreseen period of duration of this contract does not imply an extension of the term for the same time of duration of the check-in.
5. CONDITIONS OF RETURN "CHECK IN" OF THE BOAT
The boat must be returned at the time and place determined in the particular conditions of this contract. At the time of the return, the check-out will be carried out between the parties, issuing at the end of it the corresponding document accrediting and of conformity.
The Lessee declares to know the state of conservation of the boat, therefore, he expressly agrees to deliver the boat in the same conditions in which he received it, with the fuel and water tanks full, the equipment (fuel for the kitchen) and equipment ordered and duly stowed, including clean kitchenware. If not delivered under these conditions, the cost of filling these deposits in their entirety will be deducted from the deposit, plus a labor surcharge for the work of replenishing the necessary supplies of € 120 VAT included. In case of cleaning of utensils, € 60 VAT will be deducted.
Fees and mooring outside the home port are not included in the price.
The Lessee must plan the route to make the return of the boat within the contracted period, taking into account the possible adverse situations that may occur. These will not be, in any case, sufficient reason for the delay in the return of the boat. If due to sudden and unforeseeable circumstances of bad weather, the return of the boat is delayed, the Lessee is obliged to notify the owner. Each day or fraction of it that implies a delay for any reason in the return of the boat in the port of origin, will be billed at twice the rate applied, as a penalty for damages. Bad weather may not be invoked as a cause of delay.
6. NAVIGATION AREA.
The permitted navigation zone is established within the coast of the Balearic Islands, a contract also limited to the attributions granted by the title of Skipper presented. The Lessee will request written permission from the Lessor to navigate in areas other than those referred to herein. Failure to comply with this obligation will imply the automatic termination of the contract with the loss of the amounts delivered for this purpose and all this regardless of the payment of the expenses and responsibilities that may arise from such misuse.
7. DOCUMENTATION OF THE LESSEE.
The Lessee must present before the start of his rental European national identity document and / or passport in physical format, legible and in good condition and accepted by Spanish legislation.
In case of lease of boat WITHOUT SKIPPER, the Lessee or person authorized by him must present the documentation that proves the aptitude to govern the reserved boat.
The Lessee must send by email to the electronic address email@example.com sufficiently in advance and up to a maximum of 48 hours before the scheduled departure, a copy of the title or permit and the D.N.I. or passport of the person who must perform the functions of skipper of the boat. In case of any fault in this regard, the Lessor declines all responsibility, being on behalf of the Lessee any expense that arises.
The Lessor reserves the right not to make the boat available to the Lessee if the Skipper does not seem to have sufficient expertise and competence despite the titles presented. In this case, the amounts received will be returned, and the contract will be automatically terminated. Alternatively and whenever there is availability, the Lessor may offer an employer of his confidence and the Lessee must pay € 150 as a salary. In the event that the Lessee refuses to hire the skipper provided by the Lessor, the Lessee will lose the deposit made when booking the boat and the charter will be automatically cancelled.
The Lessee is responsible for checking that his nautical title is duly validated for the government of recreational boats in Spain and to navigate in the Spanish State and its territorial waters, so he expressly assumes the responsibilities arising from the rental of the boat, as well as the damages that, for any reason, they may have an impact on the lessee company in general. In the event that the nautical title of your country of origin that empowers you for the government of boats is not within Annex IX of RD 875/2014 or substitute law, the rental will be made at your own risk and under your responsibility, being the deposit to deposit in such case double that stipulated for the boat in question and never less than TWO THOUSAND FIVE HUNDRED (2,500.- €) EUROS. In case of being sanctioned by the maritime authorities, the lessee company will retain the amount of the deposit until the final resolution of the sanctioning file. You can consult more information on the following website: www.fomento.es
8. MAINTENANCE OF THE BOAT
The Lessee receives the boat in perfect condition and must keep it in good condition, not allowing any modification to be made neither exterior nor interior, if there is any type of modification, its return to the original state plus possible damages will be charged to the Lessee. Repairs of any damage, damage or change of response may only be made by the Lessee with the express written authorization of the Lessor.
In the event that there is no such express written consent, it will be the sole responsibility of the Lessee to pay such expenses, both workshop and spare parts.
9. OBLIGATIONS OF THE LESSEE
The Lessee undertakes to:
to. Use the rented boat correctly and respect the rules established by the maritime authorities.
b. Do not transport on board a greater number of people than allowed according to the boat's certificate of seaworthiness, to use the boat only for recreational cruises and not to participate in regattas. Likewise, it is obliged not to assign, subcontract or sublet all or part of the vessel.
c. Smoking is prohibited on board, only in the outdoor areas designated by the crew.
d. Minors must always be accompanied or supervised by an adult and not under the responsibility of the crew.
and. Professional diving allowed under the supervision of qualified professionals in authorized areas.
f. Notwithstanding the foregoing, Renter acknowledges that the use of the personal, auxiliary vessel or water toys on board (including seabobs) is entirely at its own risk and undertakes to indemnify, defend and hold harmless Renter, its charterers, brokers, captains and employees from and against any litigation, damages, expenses or liabilities arising out of compliance with this Agreement or the use of vessels. but not limited to claims, damages, expenses or liabilities for fines, loss or damage to any property, or for death or injury to any person or persons.
g. The Lessor is not responsible for nautical toys not included in the inventory of the boat and their correct use are the responsibility of the Lessee and the owner company.
h. Illegal drugs and weapons are totally prohibited on board, as well as any product that may contravene Spanish legislation.
i. Do not carry animals on board, except if there is authorization from the shipowner.
j. It is totally forbidden to tow other boats, likewise the rented boat will only be allowed to be towed in the same cases and always with its own ropes to avoid high rescue costs. The Lessee will not accept agreements or assume responsibilities without the authorization of the shipowner.
k. In case of dangerous weather reports about the weather or the sea (greater than 6 Beaufort or 27 knots of wind) the Lessee undertakes not to leave the port in which he is located or to go to the safe port or anchorage closest to his position. The Lessee must know at all times the meteorological reports to carry out a navigation plan that allows him to preserve the integrity of the boat without risk.
l. Do not leave the boat on the open shore without an experienced crew member on board, to always sail with the sail surface appropriate to the existing weather conditions, guaranteeing safe navigation as well as a bearable load on sails, mast, rigging, botavara and other gear.
m. Do not use in cleaning products or utensils that may cause deterioration of the same.
n. Be responsible for any damage or harm that occurs in the leased boat, the loss of its elements and delays in the return of the boat.
ñ. Be responsible for the theft or loss of the auxiliary boat, when it is not stowed in a closed chest or perfectly lashed on the deck of the boat. The Lessee is responsible for all the consequences derived from the anchorages, in particular the form of measures necessary in the change of the winds or direction of the currents.
or. Respond to all the acts of the persons indicated in the passenger list, which may not exceed in any case the maximum capacity of the boat.
p. Use the boat exclusively as a tourist or recreational charter so in no case can it be used for trade operations, professional fishing, transport, sports competitions, regattas and any other incompatible with the destination of the boat. The Lessee as solely responsible for the boat during the lease will use it responsibly in compliance with the rules of the authorities with powers for this purpose, being solely and exclusively responsible for the consequences that will arise from non-compliance with them.
q. In case of lease of boat with crew: the skipper will be responsible for the boat and for sailing under the appropriate security measures, with which the Lessee and the rest of the passengers undertake to obey the instructions of the skipper and the crew at all times.
r. Be responsible for any damage or loss that may occur during the lease term in the personal property of passengers.
10. OBLIGATION OF PAYMENT OF THE LESSEE AND EXPENSES EXCLUDED FROM THE RENTAL PRICE.
The ssee undertakes to pay the lessor the amount resulting from the price agreed in the rental contract, corresponding to duration, insurance, equipment and complementary services, as well as the taxes and fees applied. The amount of the damages suffered, totally or partially and that are not covered by the exemptions contracted by the lessee. The amount corresponding to the fines for any violation of current legislation, as well as the corresponding charges in the delay of payment and the judicial or extrajudicial expenses that the Lessor may have incurred as a result of the above.
The expenses of provisioning, fuels, lubricants, gas, ice, moorings in ports and marinas, and in general the expenses of material and maintenance of the boat during the lease, will be of exclusive account and charge of the Lessee, not being included in the rental price.
Before the delivery of the boat and in guarantee of compliance by the Lessee with all the obligations contained in the Contract and in these General Conditions, the Lessee will deliver to the Lessor an amount as a Deposit.
The amount of the Deposit will vary according to the boat selected in the reservation and will be included in the particular conditions of its rental and, in case of any adverse circumstance for the Lessor, he expressly reserves its use to use it to respond to any responsibility generated or caused by any action or omission of the Lessee. By way of example and not restriction, it may be used by the Lessor to respond to extensions of the rental period, do not refuel at the end of the rental, theft, loss, cancellations, breakdowns, breakages, damages or delays in the return of the boat, differences in inventory and equipment, compensation, misuse, negligence and penalties of any kind agreed in these conditions and contract or that may arise as consequence of non-compliance with these. All this without prejudice to the legal actions that were appropriate to claim those amounts that exceeded the deposit.
Returned the boat within the agreed period, check-in in accordance with and fulfilled by the Lessee all the duties arising as a result of what is agreed in this contract, the deposit will be returned no earlier than 24h. In the event of discrepancies between the parties on the conditions of return of the boat and inventoried goods, the deposit will be returned at the time of termination of the dispute arising.
In the event that any damage is appreciated that could be due to the fault of the Lessee, the refund will not be made, but the total amount of the deposit will be confirmed at that same time until the repair budget is available.
In the event that the customer needs an entry card to the facilities of the base port, the necessary amount in cash will be retained as a deposit for said card, which will be returned upon return of the card.
12. BOAT INSURANCE
The insurance of the boats has a coverage on people, limited and does not cover the accidents produced outside the boat nor the losses or damages that could suffer the personal effects of the Lessee, crew or guests on board the boat. The Lessee expressly accepts that the insurance does not cover possible damage to the candles caused by misuse, accepting the Lessee the responsibility of the payment of any damage produced to them. This payment will be deducted from the deposit.
12. DAMAGES, ACCIDENTS AND BREAKDOWNS. 12.1. If during the rental period, breakdowns, damages, damages or losses of material occur in the leased boat, the Lessee is obliged to notify it immediately, who will give the appropriate instructions to follow. In case of failure to notify or not follow the instructions, the Lessor may claim damages from the Lessee caused by negligence. 12.2. If accidents occur with the participation of third parties, these must be declared by the Lessee before the competent authorities, being recorded the data of the boats that have intervened in the accident. The Lessee will also write a report on what happened that will be delivered to the lessor, committing to immediately inform the Lessor of any claim and to immediately transmit any letters, summonses or notifications that refer to said claim and to provide full collaboration to the Lessor and the Insurance Company in the investigation and defense of any claim and process. 12.3. At the time of the accident or accident you will take the following measures:
a) Not to recognize or prejudge the responsibility of the fact, except for the "Friendly Declaration of Accidents".
b) Obtain complete data from the opposing party, make the "Friendly Declaration of Accidents" or the "Accident Report", witnesses, which together with the details of the accident will urgently send to the Lessor notifying by telephone in case of serious accident. The Landlord's emergency telephone number is as follows: +34 626 784 197.
(c) Immediately notify the authorities if the opposing party is at fault.
d) Do not leave the boat without taking appropriate measures to protect and safeguard it
In case of non-compliance by the Lessee with any of these measures, if applicable, the Lessor may claim damages from the Lessee caused by negligence.
The Lessee is obliged to inform the lessor of any contact of the boat with the seabed in order to be able to determine the consequences of such contact and avoid endangering subsequent crews.
The Lessor is not responsible for damage or damage caused by mudslides, collisions with sandbanks or underworld. The Lessee is expected to study the navigation area in advance and take precautions.
In the case of having to make a repair, you must first make the relevant consultation with the lessor and request the approval of the possible budgets for the settlement of the damages, and must keep the invoices and receipts so that they can proceed to the payment of the same by the owner, as long as they are not due to the use or negligence of the Lessee. The breakdowns resulting from the negligence, ineptitude or deficient use of the boat by the Lessee, will be paid by the latter in its entirety, and the Lessor will terminate this contract and reserves the exercise of the claim for damages that the incident could cause.
In case of theft of the boat, the Lessee is obliged to file the corresponding complaint of the fact before the competent authority, delivering it to the Lessor.
15. CANCELLATIONS AND CANCELLATIONS.
The Lessee, and before reaching ten (+ 10) weeks to the expected date of delivery of the boat, may unilaterally withdraw from the contract with a penalty of 20% of the total value of the rental previously reserved. If the decision is made by the Lessee between ten (10) and eight (8) weeks prior to the date of delivery of the boat, the lessor is authorized to collect 40% of the total rent; if you cancel between eight (8) and four (4) weeks prior to the date, the landlord would charge 60% of the rental value, if you cancel between four (4) and two (2) weeks prior to the date, the landlord would charge 80% of the rental value, if you cancel with less than two (-2) weeks prior to the date, the lessor would collect 100% of the amounts received from the lessee, all in respect of the damages incurred by said cancellation.
If it is impossible to provide some of the services under the agreed conditions, the company will offer the user the possibility of opting for the reimbursement of the total paid without anything more than requesting or claiming for any reason or accepting a supplement to the contract in which the modifications introduced and their impact on the price are specified.
In one-day rentals, if the captain considers that weather conditions may condition the safety of navigation, the lease can be postponed to another date depending on the availability of the boat or the full refund of the charter rate, as the Lessee decides.
16. MEANS OF PAYMENT: All services will be paid in advance by credit card (VISA or MASTERCARD), debit or cash in our facilities, for security you must pre-authorize a deposit valued with respect to the conditions established in these general conditions.
The payment of reservations via our website, rental price and / or deposit, can only be made by credit or debit cards indicated above. The method of capturing said deposit will only be made by means of the credit card provided to the Lessor by the Lessee who appears and signs the Contract. The return of the franchise and Deposit or Pre-authorization can range between 24h and 48h depending on the bank used and due to the operation of the Lessee's entity. OK Mobility only accepts VISA and MASTERCARD credit cards, not including any surcharges on them.
17. CURRENCY. The rates established by the Lessor are valued in euros (€), becoming any other currency through the converter: https://www.google.com/finance /converter, dissociating itself from any conversion error. Being able to make the payment in all our facilities in the currency you contracted, only with the credit cards established in the previous point
18. CUSTOMER SERVICE AND COMPLAINTS.
If you wish to make any suggestions about the improvement of our services we are at your disposal in the email ______________________________________________________________________________
19. FRAMEWORK AGREEMENT.
These conditions have the character of a framework contract, being applicable to all rental contracts concluded by the same Lessee with the Lessor.
The Lessee has the right to receive a copy in the official language of these general conditions and this will be stated in the versions of the same written in other languages, informing him in our facilities of which languages we have at that time. In case of discrepancies, the directing version will be the one written in Spanish.
22. LEGISLATION AND JURISDICTION
This contract will be governed by and interpreted in accordance with Spanish laws as it is the country of mooring of the boat and that of the provision of boat rental service. For any dispute that may arise from the content or interpretation of these general conditions and the particular rental contract, both parties, expressly waiving their own jurisdiction or the one to which they could access, undertake by mutual agreement to submit any dispute to the jurisdiction of the judges and courts of Palma de Mallorca, except those that deal with matters of Consumption, that will govern the jurisdiction established in its own regulations.