PRICES INCLUDED:
Mooring, Water, Crew, Beer, Soft drinks, Snacks
NOT INCLUDED:
VAT (21%), Skipper, Mooring in other ports, Catering and other drinks not specified above.
RESERVATION:
No reservation will be confirmed until the required deposit has been received.
CONDITIONS OF PAYMENT & CANCELLATION POLICY:
For an agreed fee, the Charterer will charter the Yacht or Catamaran while the Company will let the Yacht for the duration of the charter. A minimum age of 25 will be required for the Charterer. Once the charterer signs the contract, a deposit will be given to The Company. At least 28 days before the start of the charter period, the remaining balance of the Charter Fee plus a Security Deposit must be paid to the Company.
In the event that the charterer gives written cancellation notice:
# The advance payment is forfeited but the charterer is not responsible for the remaining balance of the charter charge if the written cancellation notification is submitted at least two calendar months before the commencement of the period of charter.
# The charterer will not refund the charter price if the written notice of cancellation is received less than two months prior to the yacht/boat rental. Therefore, it is strongly advised that travelers protect themselves with sufficient travel and cancellation insurance.
# Changes and cancellations cannot be made before the service's departure time. Not available for refund.
# In the case that the service cannot be provided due to weather, reservations may be changed without charge. The 10% of the charter price will be refundable if the passengers decline the rescheduled trip. Includes VAT.
DELIVERY OF YACHT:
# The opportunity to view the yacht will be provided to the charterer prior to the commencement of the rental period, and upon acceptance, the yacht will be regarded to be in good condition and in complete accordance with its description.
# Prior to handover, the Company has the right to accompany the Charterer on trials. If the Company is unsatisfied with the Charterer and his crew's competency in operating the Yacht safely, it may terminate this Agreement, place restrictions on the cruising area, or permit the charter to continue as a Skippered Charter.
# Any person who, in the Company's opinion, is not qualified to take the Yacht may be refused access to it. No justification is required. In this scenario, the Company will not be held liable and all payments will not be returned.
# Any further boarding must take place at the convenience of The Company, who reserve the right to charge for any additional expenses incurred if the charterer is not ready to accept the yacht at, or within 4 hours of, the agreed time and location. No pro-rata refund for missed charter time will be taken into consideration in these cases.
OBLIGATIONS OF THE COMPANY:
# At the beginning of the period of charter, the Company shall deliver the Yacht to the Charterer in full working order, in excellent condition, and with all gear and equipment compliant with the MCA regulations in effect at the time for the Yacht's specified sailing limits. No supplementary mechanical or electrical equipment, whether or not it is mentioned in the yacht's description, is guaranteed to be in good working order at all times.
# The Yacht will be delivered to the Charterers by the Company at the prearranged time and location. If the company is unable to deliver the yacht for any reason, the charterer will receive a 10% refund.
INSURANCE AND DAMAGE
# The Company will purchase protection and indemnity insurance for the Yacht to safeguard it from all common marine threats.
# Personal belongings of the charterer or any other party member are not covered by the yacht insurance.
# A pro-rata refund of the charter fee will be given to the charterer for any time that the yacht is unfit for use if the charterer is prevented from using it due to equipment failure or damage to the yacht that is not entirely or partially the result of the negligence, act, or omission of the charterer, his servants or agents, or any other member of the charter party.
# Exceptionally as stated in clause The Company shall not be responsible for any loss or damage, regardless of how it may have been caused, either from this Agreement or from the Charterers' usage of the Yacht.
OBLIGATIONS OF CHARTERER
# The charterer guarantees that his crew members are qualified and in good health to operate the yacht securely.
# Throughout the charter period, the Charterer is responsible for covering all operating costs.
# Throughout the duration of the rental, the Charterer is responsible for maintaining the Yacht and all of its accessories.
# The Charterer must immediately notify The Company of any accident, damage to, or failure of the Yacht, as well as the occurrence of any other event that could result in a claim under The Company's insurance. He must also follow any instructions given to him by The Company or the insurers.
# The sole use of the Yacht by the Charterer, his crew, and his guests will be for private cruising.
# Throughout the duration of the charter, the Charterer will be entirely responsible for the Yacht's safe navigation, including the security of the Yacht and all of its equipment when in port, at anchor, or when otherwise left unattended.
DISPUTES:
This Agreement shall be construed in accordance with the laws of Málaga, Spain, and shall include both the singular and plural forms. Correspondence will be filed with the disputes committee of the Spain Yachts Association for future reference. If a dispute arises, it will be brought to the committee's attention and decided by an arbitrator who will have binding authority over both parties.
SECURITY DEPOSIT
# The final bill will include a security deposit as shown on the price list.
# The cost of repairing any loss or damage to the Yacht, her equipment, or furnishings that occurs during the period of charter and is for any reason not recoverable under The Company insurance, however such loss or damage shall occur, shall not be retained by The Company in reduction or extinction of any liability of the Charterer to The Company, however such liability may arise; and/or
# Subject to the aforementioned conditions, the Security Deposit and any residual funds must be refunded to the Charterer within 14 days of the Yacht's return to the Company, the Agreement's termination pursuant to clause 8 hereof, or, in the case of a disagreement, the resolution of the dispute.
RE-DELIVERY OF THE YACHT:
The Charterer must return the Yacht to The Company free of debt at the end of the charter time, in excellent, clean, and neat condition, with the inventory complete. If the Charterer fails to deliver at the specified time and place, they will be liable to pay double the pro-rata daily Charter Fee for each day or part of a day delayed. The obligation will continue until eventual re-delivery. Failure to return the Yacht in a clean and neat state will result in a charge by The Company based on the time spent returning it.