BOAT LEASE AGREEMENT
ROSES SERVEIS MARITIMS, S.L. (CIF B-17424763), with address at C / Eugeni d’Ors, 15, bajo, Roses (17480-GIRONA), represented by Mr. Marc Vila Hornos, of legal age, with D.N.I 41556266-K.
(Legal Person) ______________________________ (CIF___________________) with address at ____________________________________, represented by D._______________________________________________, of legal age, with D.N.I. _________________ as ______________________________________ of it.
(Natural Person) ____________________________________, of legal age, with D.N.I. ________________, and domiciled at ______________________________________, acting in his own name and right.
Both parties in the quality with which they intervene mutually and reciprocally recognize enough legal capacity for the granting of this LEASE OF BOAT contract, taking it into effect in accordance with the following
1.- PURPOSE OF THE LEASE
The object of this lease is the recreational boat called MARTINA, registration. 6a-GIR-3-21-19 of the Harmony 42 Sailboat type, authorized to transport up to a maximum of 10 people, owned by ROSES SERVEIS MARITIMS, S.L. who leases it to D__________________, in the terms and conditions established in this contract.
2.- DURATION. DEPARTURE AND ARRIVAL PORT
The lease begins at _______ hours of the day ______________________ of 20_____ and ends at _________ hours of the day _____________________________ of 20_____
The lessee will receive the boat in the Nautical Port of Roses and must return it to the lessor in the Nautical Port of Roses (in the same mooring) on the day and time set for the end of the lease.
3.- PRICE AND DEPOSIT
a) 50% of the price, at the time of booking the boat.
b) The remaining 50% will be paid, as a deadline, four weeks before the agreed day
for the start of the lease.
c) In any case, and in any circumstance, 100% of the agreed price must be fully paid at least four weeks in advance of the expected date of shipment, understanding for all purposes that, in this contract, shipment and beginning of the lease are synonymous terms that are used interchangeably.
At the time the boat is made available to the lessee, the latter will deliver to the lessor the amount of 1,200.- Euros, as a deposit, to answer for the responsibilities that may be incurred in relation to the lease.
Said deposit will be paid in cash or transfer prior to shipment and will be returned as soon as possible to the lessee, after checking that there are no liabilities that may be affected. The deposit is not returned on landing, but as soon as possible, as soon as the boat can be checked.
Any breach by the lessee regarding the payment of the price or the deposit of the bond in the agreed terms and terms will automatically determine the ineffectiveness of the contract, without prejudice to the amounts that the lessee may have delivered at the time of the breaches will remain the property of the lessor as damages.
At least four weeks before the date of shipment, the lessee must send the lessor the following documentation:
1.- This lease agreement signed in all its pages.
2.- Crew list.
3.- Copy of the D.N.I. the pattern.
4.- Copy of the nautical title of the skipper.
The lack of any of the documents indicated in the foreseen term will determine the ineffectiveness of the contract, without prejudice to which the amounts delivered up to that moment by the lessee will remain the property of the lessor.
5.- MAKING AVAILABLE TO THE LEASED CRAFT
The lessor undertakes to make the leased vessel available to the lessee on the day, time, place and during the period provided in this contract, ready to sail, with full fuel and water tanks, and provided with equipment, rigging and accoutrements that are detailed in the attached inventory, all of them in good working order.
If, for reasons beyond the control of the lessor, the latter cannot make the leased boat or another similar one available to the lessee on the agreed date, he will bear the termination of the contract with return of the entire price received.
Upon making the boat available, the lessor and lessee will carry out a joint control on the correct operation of the technical and mechanical elements, as well as the good condition of the equipment, rigging and supplies. The tenant
will sign your agreement in this regard.
Once the boat is made available to the lessee, he will not be entitled to any type of compensation, nor to the partial refund of the price, although due to a breakdown or fortuitous event he cannot carry out the projected journey, whatever the time in which said circumstance occurs.
The leased boat has the following insurances:
a) Civil liability for damages to third parties and things. Maximum coverage: 670,000 euros.
b) Occupant insurance. Maximum coverage per person. Death: 36,000 euros. Disability: 42,000 euros. Healthcare included.
c) Boat damage insurance. Maximum coverage of 77,000 euros.
The contract with the insurance company will be delivered together with the documentation of the boat where all the maximum amounts of the coverages that are required to be known by the lessee will appear. The lessee will be personally and directly responsible for all responsibilities of any kind (including economic) that may arise due to the cause, consequence or reason of the use of the leased boat while it is in its possession, that is, from the making available to it. until the end of the lease or, where appropriate, until its effective return to the lessor.
In any case, the liabilities of any kind that the lessee may incur will be covered, firstly, with the deposit deposited, in preference to insurance coverage, which will only be applicable when the deposit deposited does not cover the full responsibility of the lessee. Consequently, after detecting any responsibility to which the lessee must respond, the lessor is empowered to retain the deposit deposited in the amount necessary to meet said responsibilities.
7.- BOAT SKIPPER
The lessee formally ensures that he has the knowledge, experience and qualifications necessary for the governance of the vessel on the projected route. Specifically, he claims to have the following nautical qualification: ____________________________
In the absence of the foregoing, the lessee, within his crew, designates _________________________, with D.N.I. ________ and domiciled at ___________________________________, with a nautical degree of_______________.
The lessor may deny the availability of the boat in the event of
that the lessee or the employer by the designated person lacks the knowledge, qualifications or experiences sufficient to safely carry out the planned route. In this case, the lessor may terminate the lease, endorsing the amounts delivered up to that moment by the lessee.
8.- USE OF THE CRAFT
8.1.- The lessee shall use the leased vessel exclusively for a cruise of
recreation or pleasure, being strictly prohibited from using the boat for any type of commercial activity or participating in regattas.
8.2.- The subletting or assignment of the leased vessel is totally prohibited.
8.3.- The lessee undertakes not to transport a number of people on the boat
superior to the authorized places (a maximum of ten)
8.4.- The lessee undertakes to use the boat with the diligence of a good navigator, respecting the common navigation rules, as well as those established or imparted by the competent authority, answering for any breach of the
8.5.- The lessee undertakes to stay or go to the port in the event of a meteorological report announcing danger. Likewise, you agree not to leave the boat, at any time, without adequate surveillance on board.
8.6.- The lessee will regularly inform the lessor of the situation of the boat.
8.7.- It is the lessee’s obligation to complete and pay customs procedures and expenses.
and ports (except the Nautical Port of Roses where you will have your mooring and Port services at your disposal)
8.8.- The lessee agrees to faithfully follow the instructions in the boat’s use and use manual, delivered together with the on-board inventory list. Notwithstanding the foregoing, the lessee shall promptly inform the lessor of how many incidents have occurred in the journey; especially those that may affect the safety and maintenance of the boat and the contacts that may occur with the bottom.
9.- NAVIGATION LIMITS
The chartered boat may only navigate by sea at a maximum distance that is marked by the navigability certificate of the current boat itself. Likewise, sea navigation is limited to jurisdictional waters of Spain and Portugal and the Mediterranean Sea.
In no case will the boat be able to navigate outside the limits established for the skipper that governs the ship, in accordance with its nautical qualification, or those set by current legislation. Any extension to the previous limits of navigation will require written authorization.
10.- RETURN OF THE LEASED CRAFT
10.1.- The lessee will return the boat to the lessor on the day, time and place provided for the end of the lease. Any delay or incident regarding the return must be promptly communicated to the lessor.
Except for an event of force majeure immediately communicated to the lessor, the delay in
Returning the boat will entail for the lessee the obligation to pay twice the daily module agreed as price.
In any case, whatever the cause of the delay in the return, the lessee will be liable for the expenses, damages and losses that, for such cause, originate for the lessor and for the following lessees who have not been able to take over the boat on the scheduled date.
In the event that the boat is returned in a different place from the one agreed, the lessee will be responsible for all the expenses, damages derived from this circumstance.
For the purposes of this contract, the boat shall be deemed to have been returned once it has been fully evicted by the lessee and all its belongings have been removed.
The boat will be returned with full water and fuel tanks. Otherwise the lessee will bear the filling costs.
10.2.- At the end of the rental, the general condition of the boat will be reviewed, as well as the equipment, rigging, equipment and supplies, the lessee responding to breakdowns, damages and malfunctions that have occurred and losses, except for deterioration due to normal use of the boat and its equipment.
After the previous inspection, verified the absence of responsibilities on the part of the lessee, the deposit provided will be reimbursed to the latter. If this is not the case, once the damages, flaws, failures and losses have been evaluated, the appropriate compensation will operate and the lessor, once the amount of the indicated responsibilities has been deducted, will refund the surplus of the deposit to the lessee.
The insufficiency of the deposit provided will determine the application of the insured coverage, beyond said coverage, the lessee will respond until the total repair and liability that may arise.
10.3.- For the purposes of the provisions of this provision, delay in the return of the boat shall be considered as the time necessary to carry out the repair of damages that may have occurred.
10.4.- The final reception of the boat will be made in writing, signed by the lessor and lessee, once the boat has been checked and its condition and equipment have been checked.
11.- DAMAGES AND URGENT REPAIRS
The lessee shall promptly notify of all damages and malfunctions that may occur in the leased vessel, also committing himself, after prior communication and authorization of the lessor, to carry out urgent repairs that are necessary, understanding as such those cases in which the Lack of repair could cause danger to the crew, serious damage to the boat or delay in returning it.
The expenses incurred for the urgent repair of the boat, of which the lessee should not respond, will be reimbursed by the lessor, upon presentation of the appropriate invoice.
In the event of accidents, damages or breakdowns with the intervention of third parties, the lessee must make the appropriate declaration in this regard before the competent authorities, informing the lessor in writing of the incident that has occurred.
12.- WITHDRAWAL OF THE CONTRACT
12.1 By the lessee
In the event that the client, for whatever circumstances, even force majeure (illness, flight loss, flight cancellation, theft at home, etc.), could not celebrate the contracted excursion, or the rental, he would partially or totally lose amounts delivered in deposit concept based on the following table:
a) Prior written notice from the day of the formal reservation until 46 days before the contracted date: return of the entire deposit delivered less 150 euros for management and dossier expenses.
b) Prior written notice from the 45th day before the contracted date to the 31st day before the contracted date: It will cost 30% of the total value of the rental rate.
c) Prior notice less than 31 days from the contracted date: the lessee will be obliged to pay 100% of the total value of the rental rate, even if he does not enjoy the contracted services.
12.2 By the lessor
Without prejudice to those agreed in the lease contract with the final service provider, it is reported that the following cases will be grounds for automatic termination of the contract and / or reservation, without compensation or refund of the price paid to the client:
a) Failure by the customer to make payments within the established deadlines.
b) Recklessness or non-compliance with the rules and legislation in force in the use of the boat, which includes, but is not limited to: boarding more people than authorized, navigating outside the authorized limits for the boat and its title.
c) Failure to present the necessary certification for the government of the boat, at the time of boarding contracts where the client has not requested a skipper.
d) Failure to demonstrate sufficient competence in the governance of the vessel, in contracts where the client has not requested a skipper.
13.- CHANGE OF RESERVATION
Any change in the date of embarkation foreseen in the reservation, or in the model of the vessel (in cases where the latter is possible) will have the following consequences:
a) If the change occurs before 46 days before the scheduled date of shipment, the lessee must pay the amount of 150 Euros.
b) In periods less than 45 days before the expected date of shipment, no refund or change will be made in the stipulated conditions.
14.- BREACHES AND RESPONSIBILITIES
The lessee and the members of his crew will be responsible for the responsibilities that may be incurred for breach of this contract.
The lessee will respond jointly with the employer designated by him, for the actions of the latter and for the responsibilities that may be incurred.
The lessee will respond directly to the claims that any third party may make against him, releasing in this case the lessor from all kinds of liability.
15.- EXPRESS SUBMISSION
Regarding the interpretation and fulfillment of this contract, the parties, renouncing their own jurisdiction if they have it, submit to the jurisdiction and competence of the Courts of Figueres (Gerona) and corresponding hierarchical superiors.
The totality of the expenses of any type, without any exclusion, that originate or cause as a consequence of the journey planned by the lessee will be the sole responsibility of the latter.
17.- Should any of the preceding stipulations be totally or partially contrary to mandatory rules, said stipulation will be considered totally or partially null, the rest of the contract remaining fully in force.
And in proof of compliance with the foregoing, they sign in Roses on __ from _______ 20__
Landlord (Bravacharter) Martina