1.- CONDICITION PRECEDENT.- the term of the present contract is subject, as a condition precedent to the payment, by the lessee, of the amount of the reservation under the following general condition, not being so effective reserves up to the indicated payment.
2.- PAYMENT.-
A.- Reservations must be paid, and it will go into effect this agreement when the first payment of the schedule of payments provided in this contract becomes effective. Not having it done before, the reservation must be paid, inexcusably, at the time of the signing of this contract.
B.- The rest of the price of the rental must be paid according to the way and with the payment schedule set out in the specific conditions and must be fully settled on the day of shipment. Failure to comply with this payment will result in cancellation of the contract, as compensation for Menorca Nautic SL the quantity delivered in reservation.
C.- It is only allowed as a form of payment described in the General and particular conditions of the present contract, the delivery of cash, Visa or Master Card credit card and bank transfers.
3.- DEPOSIT.- The day of the shipment the tenant shall deliver to Menorca Nautic, S.L. a deposit that is indicated in the specific conditions, which will be responsible for cancellations, faults, breaks, damage, theft, delays in the return of the vessel, differences in the inventory and equipment, compensation, bad use, negligence and penalties of any kind agreed in this contract or that may arise as a consequence of failure to comply with the same. It will also respond for any damages which may occur to third parties as well as the amounts of the penalties and fines that can be imposed on the lessee as a result of the use of the leased vessel. All this without prejudice to legal actions that were coming to claim those amounts that exceeded that of deposit. Returned the boat within the period agreed, carried out inventory and checkout in accordance and fulfilled by the lessee all duties arising as a result of what has been agreed in this contract, the deposit will be returned at checkout. In the event of discrepancies exist between the parties on the conditions for return of the vessel and property inventoried, the deposit will be returned at the time of completion of the arisen dispute.
4.- INSURANCE.- The ship object of the present contract is covered with insurance, a copy of which is available to the tenant on the boat and in the office of Menorca Nautic S.L., stating the tenant meet its content and scope, to take whatever measures are called for to act in accordance with the obligations which are contained therein, as, in his case, solely responsible for the consequences of a breach of such obligations.
5.- DURATION.- The period of the lease prevented in the specific conditions of the present contract may not be changed or altered without prior authorization from Menorca Nautic SL.
6.- CANCELLATION AND ANNULMENT.- In the event that the lessee cease unilaterally the contract you will lose the quantity delivered in reservation. Only in the case of notice by the lessee, at a date not less than 90 days until the scheduled date of shipment, communicating the cancellation of the lease, Menorca Nautic SL will refund 70% of amounts received to date of communication of the cancellation in respect of reserve, granting Menorca Nautic SL the remaining 30% of the amounts received in respect of reserve as consideration for costs of management and administration of such book.
7.-DELIVERY OF THE VESSEL.- Prior to the delivery of the ship, and within the public service, both parties will proceed to the checking and corresponding inventory. Once you will subscribe the corresponding document accreditation and conformity. The tenant may not refuse to perform the checking or to sign, even with the warnings that it deems necessary, and accurate document prevented. If for any reason the checking is performed within the rental period, it will not give right to an extension of this period.
8.- DELAY IN THE DELIVERY OF THE VESSEL. In the arrival of the agreed date if the delivery of the boat or the disposal is delayed, the lessor must pay the tenant the proportional amount caused by retardation. If the delay in delivery or provision is greater than forty-eight hours, in addition to the compensation referred to in the preceding paragraph, the tenant can choose between terminate or extend it by an equivalent to the delay time provided if the boat was available.
9.- IMPOSSIBILITY OF DELIVERY OF THE VESSEL BY THE LESSOR.- If for reasons of breakdowns or for any cause others to the will of the lessor produced prior to the inception of the lease, it was not possible to deliver the leased vessel, it will be handed a vessel of equal or similar features. If not possible, and at the option of the lessee, will be a vessel of lower grade (with the consequent return of the proportional difference in the price of the lease) or return the full price paid so far for the lease.
10.- BREAKDOWNS OF THE VESSEL DURING THE CONTRACT.-
A.- Obligations of the lessee: Tenant shall inform Menorca Nautic S.L., as soon as possible, of any loss or incident that affects or may affect the seaworthiness or safety of the ship or vessel. The tenant will not order any repairs without first have indicated the fault to Menorca Nautic SL who must grant their permission. Repair costs will be the account of the lessor, except those due to fault of the lessee. The lessee is obliged, for the duration of the contract, to keep the vessel in State of seaworthiness. Failures result from negligence, incompetence or poor use of the boat by the tenant, will be paid for in its entirety, and Menorca Nautic SL will be resolved herein and reserves the exercise of the claim for damages and damages that the fault could recover. In such a case the lessee is not entitled to any compensation. Menorca Nautic SL may inspect the ship anytime to check your status, without prejudicing its normal operation and at their expense the expenses.
B.- Obligations of the lessor: If by reason of fault produced during the lease or other causes not attributable to the tenant, not possible follow on the leased boat, the lessor shall refund the proportional amount days that has not been possible use of the boat either will facilitate a boat of similar characteristics, if possible, at the choice of the tenant. At the same time, it will respond against the tenant for any damages caused by defects of airworthiness directive, unless it proves that Vice could not find out with the use of reasonable diligence. In no case entitle to the extension of the rental period except that the new provision is greater than forty-eight hours, in which case the lessee can choose between terminate or extend for a period equivalent to the delay, provided that This is possible.
11.- RETURN OF THE VESSEL.- The boat should return in time and place that is determined in the specific conditions of the present contract, and that generally is the port of Maó / Mahón. At the time of the return and once landed the belongings and luggage of the crew, will be between the parties, the checkout issuing at the end of the corresponding accreditation and compliance document. If the tenant does not return the leased boat in both agreed time and place, shall pay to the lessor, in compensation for damages, an amount equivalent to twice the daily price of the lease for each day of delay, or the fraction equivalent to the delay was less than a day. Non-delivery, also within the day and hour planned, Menorca Nautic SL may initiate the search while communicating to the maritime authorities. In such a case all costs arising from this shall be borne by the tenant. The boat should be returned under identical conditions of operation, equipment and inventory, to its delivery at the beginning of the rental. If after the checkout, any damages or breakages are found in the equipment and operation of the vessel, or losses of items of inventory and equipment, the amount of repairs and replacements will be paid by the hirer. All the damages or losses occur, on the assumption that it would not be covered by the policy of insurance of the boat, will be the tenant account. And in the course of that would be covered by the policy, the tenant support, where appropriate, the amount of the franchise.
12.- RESPONSIBILITIES IN THE ADMINISTRATIVE ORDER: OFFENCES, PENALTIES, PRECAUTIONARY MEASURES (CATCH AND CONFISCATION).- The negligence or improper use of the vessel or the infringement of the legislation in force by the lessee, shall be grounds for the termination of the contract, leaving the amounts paid up to that time in the possession of Menorca Nautic SL without right to the repayment thereof by the lessee. In the event of breach by the tenant of the Ordinances of customs or any other administration, this will answer all fines, penalties or liabilities to which any and all its consequences. In the event of capture of the vessel, the lessee shall pay to Menorca Nautic SL in compensation for the damages caused a sum equivalent to the force of the daily rental rate for each day that passes until restitution and delivery the boat takes place. In the event of confiscation, the client will pay the full value of the boat to within eight days. In both cases the lessee will lose, for the benefit of the lessor, the quantities delivered, and all of this without prejudice to legal actions that were coming to claim many damages it will cause.
13.-EXPENSES.- All costs of equipment, fuel, lubricants, gas, ice, ports and marinas, moorings and in general material and maintenance of the boat during the lease, costs will be in charge of the hirer, not being included in the price rental.
14.- DOCUMENTATION.- The lessee, a month prior to the date scheduled for the beginning of the lease of the boat, shall deliver to the lessor the following documentation:
-ID or Passport of the lessee.
-Documentation attesting that the skipper of the boat has requirements for the handling of the boat.
-Crew list, in which all people who embark with the tenant (whatever their age is) will be included with their identifying information. In any case, the list should be delivered, at the latest the time of delivery of the vessel.
15.- NAVIGATION AREA.- The navigation area will be stipulated in the conditions of this limited agreement likewise attributions of the skipper and the dispatch of the vessel. The breach of this obligation will involve the automatic termination of the contract with the loss of the quantities delivered to the effect and this regardless of the payment of the costs and liabilities arising from such misuse.
16.-TERMS OF USE.- In the lease with crew, the skipper and, where appropriate, other members of the crew, will follow instructions of the lessee in terms of use of the vessel within what has been agreed, whenever that does not put at risk the security aboard or navigation in which case the criterion of the professional skipper, being forced both the tenant and their companions to follow the corresponding orders or instructions given by him will prevail. The tenant is responsible for all acts of the people on the list of passengers, which in any case may not exceed the maximum capacity of the boat. It is strictly forbidden to use the vessel for the transport of goods, passengers other than those listed in the previous point, the shipment of animals and objects and substances toxic, illegal or dangerous. The lessee undertakes to use the boat only as charter tourist or leisure so that in no case can allocate it to trade operations, fishing professional, transportation, sports competitions, and any other incompatible with the destination of the ship. The lessee as the sole responsible of the boat during the tenure will use it responsibly obeying the rules of authorities with powers to effect, being responsible for unique and exclusive consequences that are derived from the failure to comply with the same.
17.-SUBCONTRACTING.- The subleasing or transfer of the vessel by the lessee is strictly prohibited.
18.- PASSENGERS PERSONAL GOODS.- Menorca Nautic SL is not responsible for any damages or losses that may arise in the personal property of the passengers who could be in the boat.
19.- ACCIDENTS.- The tenant is obliged to inform immediately of any claim to Menorca Nautic SL immediately convey how many letters, summonses or notifications referring to the incident said and to provide full cooperation to the Leasing Corporation and the insurance company in the investigation and defence of any claim and process.. During the accident or incident shall take the following measures:
a) Not recognise or pre-judge responsibility of the accident except in the “Friendly Settlement Declaration”.
b) Get full details of the other party, of witnesses of the accident, make, where appropriate, the “Friendly Settlement Declaration” or the Accident Report, which together with the details of the accident will be urgently forwarded to the lessor by telephone alerting on case of a serious accident.
c) Immediately notify the authorities if there is guilt of the opposing party.
d) Not leave the vessel without taking appropriate measures to protect and safeguard it.
In the event of default by the lessee of any of these measures, if they are applicable, Menorca Nautic SL may apply to the tenant damages caused by negligence.
20.- THEFT.- In case of theft of the vessel, the tenant is obliged to present the corresponding complaint of the fact to the competent authority, by delivering it to the lessor that will be informed immediately and urgently about the robbery.
21.- DATA PROTECTION.- In accordance with organic law 15/1999, of 13 December, of protection of data of Personal character (LOPD), Menorca Nautic SL, informs, in his capacity as Manager, that your personal data will be treated and will be included in a file owned of Menorca Nautic SL registered in the Spanish Agency of data protection, in order to carry out the contracted service, being the requested information necessary for the provision of the same. In this sense, you expressly agree the collection and processing of your data for the aforementioned purpose. Eventually data can be transferred to a third party for collection purposes. Also authorizes to Menorca Nautic SL so responsible, can use their personal data, even after the task initially to send commercial or advertising, information even via e-mail. Check the following □ option, if your will is that your personal data are not used for advertising or commercial prospecting purposes. Finally, you are informed of the possibility of exercising rights of access, rectification, cancellation and opposition of your personal data in Menorca Nautic SL, Moll de Llevant, Mao 152 / Mahon.
22.- LEGAL REGIME.- This contract is governed by the provisions of the law 14/2014, of 24th July, maritime navigation and the pacts agreed by the parties.
23.- CLAIMS.- Any claim the tenant wish to make must be written at the time of the return of the vessel when the contract ends. Actions arising from the present contract will prescribe in the term of one year, counting from the date of completion of the contract or the final unloading of the tenant and his companions, if later.
24.- JURISDICTION.- For the settlement of any disputes resulting from this contract the parties are subject to administrative authorities and courts of Mao / Mahon