Boat rental with licence – Oromarine G19 – from the Port of Addaia (with or without professional skipper)

GENERAL TERMS AND CONDITIONS AND BOAT HIRE AGREEMENT – BOAT REQUIRING A BOATING LICENCE

On the one part, Creuers Costa Nord S.L., with Tax Identification Number B-16506529 and registered address at Calle del Roser no. 14 (07760 Ciutadella de Menorca), hereinafter referred to as the OWNER, and on the other part, the person whose details appear on the attached booking form and who signs this agreement, hereinafter referred to as the HIRER. Both parties acknowledge that they have sufficient legal capacity to enter into this agreement and freely agree as follows:

• That the OWNER is the owner of the boats requiring a boating licence offered for hire, as well as the equipment related to the activity.
• That, having agreed to the hire of the boat, the parties formalise their agreement by means of this contract, which shall be governed by the following clauses.

1st – Purpose of the agreement

It is the intention of the OWNER to provide the boat subject to this hire agreement and of the HIRER to accept it for hire, both parties acting in good faith.

2nd – Accuracy of information

Any false statement or concealment of relevant information by the HIRER may result in the immediate cancellation of the agreement, with the HIRER forfeiting any amounts already paid.

3rd – Booking and confirmation

The booking shall be confirmed once the corresponding payment has been received, provided that payment is made before the date and time indicated in the booking.

4th – Payment, security deposit and payment method

Before the boat is handed over, the OWNER must have received the full hire price.

Where the boat is hired without a professional skipper, a €600 security deposit shall be required.

• The security deposit may be paid in cash or by means of a pre-authorisation/hold for the corresponding amount on a credit or debit card.
• The security deposit shall be refunded (or the hold released) once the hire period has ended and the boat has been inspected, provided that there are no damages, losses, penalties or outstanding amounts.

Note: When a professional skipper service is booked, neither a security deposit nor a boating licence shall be required. Only an identity document shall be requested in order to formalise the agreement.

5th – Cancellations and changes

• The customer may cancel the booking up to 24 hours before the booked time, with a full refund using the same payment method, or may request a change of date (subject to availability).
• Cancellations made less than 24 hours before the booked time shall incur a charge of 100% of the booking amount.
• The company reserves the right to cancel or modify the booking due to weather or safety reasons. In such cases, an alternative date or a refund shall be offered, as appropriate.

6th – Handover, condition and replacement

The OWNER undertakes to provide the boat in perfect working order at the agreed place, date and time. In the event of force majeure (including mechanical failure) preventing the boat from being provided, the OWNER shall inform the HIRER as soon as possible and shall attempt to provide an equivalent boat. If this is not possible, any amounts paid shall be refunded, and the HIRER shall not be entitled to claim any additional amount.

7th – Inventory and insurance

At the time of handover, the HIRER shall receive an inventory of the equipment provided for approval. Basic information regarding the boat's current insurance policy shall also be provided.

8th – Responsible use

The HIRER undertakes to use and care for the boat and its equipment in accordance with good seamanship practices, taking all reasonable measures to prevent loss, accidents or damage. Use of the boat while under the influence of alcohol, drugs or any substances that may impair the HIRER's abilities is strictly prohibited.

9th – Breakdowns, incidents and assistance

In the event of a breakdown or incident, the HIRER must contact the OWNER as soon as possible and follow the instructions provided. If the incident is not attributable to misuse and cannot be resolved within a reasonable period of time, the OWNER shall refund the proportional part of the unused hire period, without any further entitlement to compensation for damages or losses.

10th – Insurance

The boat is covered by insurance providing accident and third-party liability cover, subject to the limitations established in the insurance policy.

11th – Liability in the event of an accident or claim

In the event of an accident or claim, if the insurance company does not cover all or part of any damage, expenses or liabilities for any reason, the HIRER shall be responsible for such amounts and expressly releases the OWNER from liability in this respect.

12th – Punctuality and return of the boat

Late return of the boat on the agreed date and time shall incur a charge of €50 for every 15 minutes of delay. The boat must be returned to the agreed location. Leaving the boat at a different location shall result in the HIRER being responsible for any expenses and losses incurred.

13th – Children on board

If children are to be carried on board, the OWNER must be informed in advance so that life jackets of the appropriate size can be provided.

14th – Inspection and completion of hire

At the agreed return time, all passengers and luggage must have disembarked and the boat must be ready for inspection. Both parties shall sign the inspection document. In the event of any discrepancy, the OWNER may retain the security deposit until the matter has been resolved.

15th – Expenses

Any provisioning costs, mooring fees and other additional expenses, where applicable, shall be borne by the HIRER. Fuel is not included in the hire price and shall be paid upon return of the boat once the number of litres consumed has been calculated.

16th – Prohibited activities

It is prohibited to carry weapons, illegal drugs, contraband, goods for commercial purposes, fare-paying passengers or animals on board, or to participate in races, commercial fishing or any activity prohibited or sanctioned under applicable legislation.

17th – Subletting and maximum capacity

Subcontracting or subletting is not permitted. The HIRER shall use the boat solely for themselves, family members or friends and shall under no circumstances exceed the maximum authorised capacity of the boat.

18th – Regulations and penalties

The HIRER is responsible for complying with all applicable maritime regulations. Any fine or penalty resulting from the use of the boat during the hire period shall be borne by the HIRER. If the boat is detained as a result of circumstances attributable to the HIRER and cannot be returned on the agreed date, the late-return charges set out in Clause 12 shall apply.

19th – Jurisdiction

The parties submit to the jurisdiction of the Courts and Tribunals of Mahón for any dispute arising from this agreement.

20th – Acceptance

By signing this document, the HIRER accepts the specific and general terms and conditions set out herein and in the attached booking form. The HIRER declares that they have read, understood and accepted the contents of this agreement and are familiar with the applicable general and local maritime regulations.

21st – Posidonia Decree (Balearic Islands)

Decree 25/2018 of 27 July, concerning the conservation of Posidonia oceanica in the Balearic Islands, generally prohibits anchoring on Posidonia seagrass. The HIRER declares that they have been informed of this regulation and accepts responsibility before the competent authorities for any failure to comply with it.

Official information on Posidonia

22nd – Forfeiture of the security deposit due to damage or non-compliance

Any damage, loss or deterioration caused during the hire period for reasons attributable to the HIRER, as well as any failure to comply with the navigation rules and instructions provided by the OWNER, shall result in the forfeiture of the security deposit in full.

For these purposes, circumstances resulting in the full forfeiture of the security deposit shall include, but shall not be limited to:

• Loss, breakage or any damage to the anchor and/or anchor chain.
• Any damage, impact, deformation or breakage of the engine propeller.
• Any impact, scrape, breakage or other damage to the hull of the boat.
• Any puncture, cut, abrasion or other damage to the inflatable tubes or rubber parts of inflatable or rigid inflatable boats.
• Damage to or breakage of cushions, canopies, equipment or accessories belonging to the boat.
• Failure to comply with speed limits, authorised navigation areas, anchoring restrictions or prohibitions, or with any other safety or navigation instructions communicated by the OWNER.
• Failure to comply with the agreed return time or with the conditions established for returning the boat.

The full forfeiture of the security deposit shall not limit the HIRER's liability. Where the cost of repairs, replacement, assistance, fines, penalties or any other expense arising from the damage or non-compliance exceeds the amount of the security deposit, the HIRER shall also be required to pay the difference necessary to cover the full amount of the costs incurred.

Data Protection

In accordance with Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018, customers are informed that their personal data shall be processed by Creuers Costa Nord S.L. for the purposes of managing the booking and the commercial relationship and shall not be disclosed to third parties unless required by law. Customers may exercise their rights by contacting info@menorcanord.com.

Thank you for taking care of our boats.