Booking and rental terms

1. Status of the business

The business operates as a self-employed sole trader and represents the company providing the boat rental service.

The service is contracted directly with the providing company, in accordance with the particular terms of the booking and these general terms.

2. Booking confirmation

A booking is only considered confirmed once the corresponding payment has been made and the company has confirmed it in writing.

Payment of the amount requested as a booking deposit implies acceptance of these booking and rental terms.

The company may ask the customer for the documentation needed to formalise the rental before the boat is handed over.

3. Number of passengers

The number of people stated in the booking is the valid number for the service.

Any subsequent change must be notified to the company in advance and is subject to availability, to the maximum authorised capacity of the boat and, where applicable, to the corresponding surcharge.

Under no circumstances may the maximum number of passengers authorised for the contracted boat be exceeded.

4. Age and boating requirements

The minimum age to use a boat that requires no licence is 18.

On boats that require a boating qualification, the person at the helm must also be 18 and hold the licence or qualification that is valid for the contracted boat.

The company may request the corresponding supporting documentation before departure.

The customer is responsible for ensuring that the person who will helm the boat meets all legal requirements and holds the necessary qualification where applicable.

5. Security deposit

The security deposit depends on the contracted boat and ranges between €300 and €500, according to the particular terms of each booking.

The security deposit is used to cover any damage, breakage or loss caused to the boat or its equipment as a result of improper or negligent use, or use contrary to the instructions given.

If the cost of the damage is lower than the amount of the deposit, only the corresponding amount is deducted and the remainder is returned to the customer.

If the damage exceeds the amount of the deposit, the additional sum is handled in accordance with the terms and cover of the relevant insurance policy and/or may be claimed from the customer where applicable.

The security deposit is returned once the rental has ended and the condition of the boat and its equipment has been checked.

6. Fuel

Fuel is included only on boats that require no licence, unless expressly stated otherwise in the booking.

On boats that require a licence, fuel is charged according to actual consumption, unless another arrangement has been expressly agreed in the booking.

The customer is informed of the applicable terms before or during the handover of the boat.

7. Prior information and handover of the boat

Before the boat is handed over, the customer receives the necessary information on the conditions of use, operation, safety and navigation for the contracted boat.

The customer must pay attention to the instructions given by the company and follow them throughout the rental.

Taking delivery of the boat implies that the customer accepts it in the stated condition and undertakes to use it responsibly.

8. Alcohol and other substances

It is strictly forbidden to drive or helm the boat under the influence of alcohol, drugs or any other substance that may affect boating ability, judgement, coordination or safety.

The company may prevent departure or suspend the service where it considers that a person’s condition could compromise the safety of the passengers, the boat or the navigation.

In such cases, where the situation is attributable to the customer, there is not necessarily any right to a refund of the amount paid.

9. Cancellations

Cancellations made more than 7 days before the date of the booking entitle the customer to a full refund of the booking deposit paid.

Cancellations made within the 7 days before the date of the booking result in the loss of the amount paid as a booking deposit.

Failure by the customer to appear at the agreed place and time is treated as a cancellation by the customer and may result in the loss of the amount paid.

The above terms may be varied where a particular cancellation condition has been expressly accepted at the time of booking.

10. Late arrival

The customer must appear at the agreed place at the time stated in the booking confirmation.

A maximum delay of 15 minutes is allowed.

After that, the company is not obliged to provide the service where the delay prevents the activity from being carried out on the contracted terms.

In such cases, the amount paid may be non-refundable.

Delays by the customer do not automatically entitle them to extend the rental period or to make up the lost time.

11. Weather and sea conditions

The safety of passengers is always the priority.

If weather, sea or navigation conditions mean the trip cannot be carried out safely, the company may postpone, modify or cancel it.

In such cases the customer is offered, depending on availability and the circumstances of the booking, an alternative date for the activity or, where appropriate, a refund of the amount paid.

The decision to run, postpone or cancel a trip for safety reasons rests with the company and/or the skipper responsible for the boat, taking into account the prevailing conditions and the available forecasts.

If the customer decides to cancel the booking voluntarily when the company considers that conditions allow the activity to be carried out safely, the general cancellation terms set out here apply.

12. Insurance

The boats carry fully comprehensive insurance, subject at all times to the conditions, limits, excesses, exclusions and cover established in the corresponding policy.

The existence of insurance does not mean that any damage caused during the rental is automatically covered.

Damage arising from improper or negligent use, from use contrary to the instructions given, or from use by an unauthorised person may be the responsibility of the customer where it is not covered by the corresponding policy.

13. Breakdowns and technical problems

The company may refuse, postpone, cancel or suspend a trip where there is a breakdown, a technical problem or any other circumstance that could compromise the safety of the passengers, the boat or the navigation.

Where a breakdown or technical problem prevents the activity from taking place and is the responsibility of the company, the customer is offered, depending on the circumstances and availability:

• · An alternative boat of similar characteristics, where possible.
• · A change of date.
• · Or the corresponding refund where no alternative solution can be offered.

14. Liability and safety

The customer undertakes to follow at all times the instructions given by the company and the applicable safety and navigation rules during the rental of the boat.

The customer must act responsibly and avoid any behaviour that could put passengers, third parties, the boat or the marine environment at risk.

Failure to follow safety instructions may lead to suspension of the service with no right to a refund where the situation is attributable to the customer.

15. Condition of the boat

The customer must return the boat in the same condition in which it was handed over, save for normal wear and tear arising from proper use.

Any damage, breakage, loss of equipment or deterioration caused by improper or negligent use, or use contrary to the instructions given, may be the subject of a claim and/or deducted from the security deposit in accordance with the terms set out.

The customer must immediately notify the company of any incident, damage or problem occurring during the rental.

16. Respect for the marine environment

While navigating and anchoring, the customer must respect the environmental rules and the rules protecting the coastline and the marine environment applicable in the Balearic Islands.

It is forbidden to carry out any action that could cause damage to the seabed, to posidonia seagrass, to wildlife or to the natural surroundings.

The customer is responsible for any damage or penalties arising from actions carried out by them or by passengers under their responsibility where these are attributable to a breach of the applicable rules.

17. Capacity and use of the boat

The boat may only be used for recreational purposes and within the limits established for it.

The maximum authorised passenger capacity may not be exceeded.

It is likewise forbidden to use the boat for illegal activities, to transport prohibited substances or goods, or to carry out any activity that could compromise the safety of people or of the boat.

18. Personal belongings

The company is not responsible for the loss, theft or deterioration of personal belongings left on board, except where there is legally enforceable liability.

Customers are advised not to bring unnecessary valuables on the activity and to keep their belongings under their own responsibility.

19. Food and drink on board

Customers may bring food and drink on board where the particular terms of the booking allow it.

Consumption must at all times respect the safety rules and the instructions given by the company.

The boat must be returned in a reasonable state of cleanliness.

Costs arising from extraordinary cleaning caused by inappropriate use may be claimed from the customer and/or deducted from the security deposit where applicable.

20. Changes to the booking

Any change to the date, time, number of passengers, boat or additional services must be notified to the company in advance and is subject to availability.

Changes may involve a difference in price, which is communicated to the customer before being confirmed.

21. Documentation

The customer must provide the documentation needed to formalise and carry out the rental.

Depending on the type of boat, it may be necessary to present an official identity document, a boating licence or qualification, and any other legally required documentation.

A lack of the necessary documentation may prevent the boat from being handed over.

22. Acceptance of these terms

Making a booking and paying the corresponding booking deposit imply that the customer declares that they have read, understood and accepted these booking and rental terms.

These terms are supplemented, where applicable, by the particular terms of the booking, the rental contract and the specific instructions for the contracted boat.

Where particular terms have been expressly accepted for a given booking, those terms prevail over the general terms in the matters they specifically govern.

23. Applicable law

These terms are governed by Spanish law and by the regulations applicable to the rental and navigation of recreational boats in the Balearic Islands.

Any dispute arising from the contract is first addressed amicably between the parties.

Where no agreement can be reached, the competent courts and tribunals are those that apply under the relevant legislation.

Amount of the booking deposit

The booking deposit is €50 and applies to the boats that require no licence, to Alma Libre and to La Pepa. The remaining amount is paid on the day of departure.

The Scanner Envy 1000 and the classic llaüt are contracted directly with the company, without booking through the website.

Details still to be specified

• · Payment methods accepted for the booking deposit: PENDING
• · Insurance company and policy number: PENDING
• · Exact security deposit for each boat, within the €300 to €500 range: PENDING