1. CONTRACTING PARTIES
Contractual parts are the charter company named on the contract and the charterer. Best Boats Charter SLU, Local D.2.1. Urbanización El Toro s/n, 07182 Calviá (hereinafter referred as the charter company) signs this contract with necessary and sufficient entitlement and right (ownership of the yacht or any other valid under Spanish law) to comply any obligation and enjoy/enforce any right stemming from it. The Charter company signs through its legal representative.
2. OBJECT AND CAUSE
The object of the contract is the yacht, whose charter budget and both general and specific contractual terms have been previously accepted by the charterer. Under all agreed terms, the charterer agrees to pay the charter fee, security deposit and all other costs/charges in cleared funds, on or before the time agreed for each disbursement, into the account specified in this contract. The terms of this contract will only apply to the specific yacht. For any other leisure equipment and/or water device (such us E-foils, Radinn Jetboard, Seabobs, Jet Ski, Fliteboard, Audi E-Tron Foil, Awake Jet board etc.) these terms will only apply subsidiarily to those signed apart for such devices by the parties (see “Terms of contract for leisure equipment and water devices”), even though the budget and/or provisional/final invoice may gather all leased/chartered objects together.
3. PAYMENT OF CHARTER FEES AND ADDITIONAL FEES
The charter price includes the use of the yacht and its facilities. Extras and ancillary costs are charged separately and are not taken into account in any not be taken into account in any reimbursement of charter costs.
The charter price does not include:
1. Berths in other ports including associated ancillary costs
2. Fuel
3. Gas
4. Catering
5. Moorings
6. All expenses or measures necessary for the proper operation of the yacht during the charter period.
Fifty percent (50%) of the charter fee and delivery costs and/or return fees (if applicable) shall be paid to the charter company at the time of booking. The remaining balance shall be remitted in freely available funds one calendar month prior to the commencement of the charter period, unless otherwise specified under a provision titled "Condition." The funds as specified above shall be transferred to an account provided at the time of booking.
4. SECURITY DEPOSIT
The deposit shall be paid to the charter company at the beginning of the charter period prior to boarding the yacht. Payment can be made through one or more confirmed credit cards or by bank transfer (by bank transfer until the day before the charter). The charter company reserves the right to debit the deposit from the charterer's credit card.
5. RETURN OF DEPOSIT
Unless otherwise provided, the deposit may be withheld and used to the extent necessary to discharge any liability arising from the charterer under any provision of this Agreement. However, to the extent not so used, the deposit shall be refunded to the charterer within 14 days after the end of the charter period without interest.
6. NAVIGATION AREA
The charterer must restrict the cruising range of the yacht to the navigation area and to regions within the navigation area where it is legally permissible for the yacht to cruise. Should the charterer not restrict themselves to the navigation area, they will be requested to dock at the first suitable port at their own expense, and upon termination of this agreement, will not be entitled to a refund of the charter fee or deposit.
7. MAXIMUM NUMBER OF PERSONS
The charter company cannot allow at any time during the charter period more than the maximum number of guests specified on the first page of this agreement. If, in the reasonable opinion of the charter company/lessor, the charterer disregards the requirement to adhere to the maximum number of persons on board, then this agreement may be terminated. In such case, the charterer must dock at the first suitable port, and upon termination of this agreement, will not be entitled to a refund of the charter fee or deposit. Additionally, the charterer must bear all costs for the lawful transfer of the yacht to the home port.
8. HANDOVER AND ACCEPTANCE OF THE YACHT
a) The charter company undertakes to instruct the charterer or the designated skipper, upon handover of the yacht, while simultaneously checking all technical functions and ensuring the presence of all equipment items based on a detailed check or inventory list. A protocol shall be drawn up, to be signed by the charterer and the charter company/lessor. By signing this protocol, the charterer/skipper confirms having taken over the yacht in good, seaworthy condition, cleaned, fully fueled (fuel, water, gas), and properly equipped. Any detected defects, damages, or missing equipment items must be recorded in writing on the protocol. Later claims of complaints are excluded.
b) The lessor may refuse the handover of the yacht if the charter fee is not fully paid, if the deposit is not deposited or replaced by insurance, if necessary documents are missing or insufficient (no license/permit or invalid license/permit for the chartered yacht, etc.), or if the customer fails to appear at the agreed-upon time and does not report in a timely manner.
9. USE OF THE YACHT
In the event of a yacht rental agreement under a Bareboat Agreement (charter without crew), the charterer undertakes that if, in the reasonable estimation of the charter company, they are not deemed suitable to safely and seamanlike operate the yacht, the charterer will, at their own expense, accept the services of a professional captain provided by the charter company until such time as the designated professional captain declares that the charterer can competently handle the yacht without the services of the professional captain. The charterer is responsible for the regular operating costs of the yacht, including but not limited to: Any losses, breakages, or damages outside of normal wear and tear to the vessel or its equipment by the charterer, whether intentional or unintentional, will be deducted from the deposit.
10. DELIVERY DELAY
If for any reason of Force Majeure, the charter company or its representative fails to provide the yacht or an equivalent yacht to the charterer at the delivery port at the beginning of the charter period, and delivery occurs within forty-eight (48) hours of the scheduled delivery start, the charter company must refund the charterer a prorated daily rate of the charter fee, or if mutually agreed upon, the charter company allows for a prorated extension of the charter duration.
11. NON-DELIVERY
a) If for any reason the yacht specified in the contract is not available at the beginning of the charter, the charter company reserves the right to offer a replacement yacht of similar size, accommodation, and performance. However, if it is impossible to find a replacement yacht, this does not incur liability for the lessor for the cancellation of the charter, except for the refund of the amounts paid.
b) If for any reason of Force Majeure, the charter company cannot deliver the yacht within forty-eight (48) hours in principle, the charterer is entitled to consider this contract as terminated from the due date of delivery. The sole remedy of the charterer is the refund, without interest, of the full amount of payment made by them to the lessor or its representative. Alternatively, if the parties agree, the charter period may be extended by a period corresponding to the delay.
12. DELAY IN RETURN
a) If the return of the yacht is delayed due to Force Majeure reasons, it shall take place as soon as possible thereafter, and in the meantime, the terms of this agreement shall remain in force, but without penalty to the charterer.
b) If the charterer fails to deliver the yacht to the return port, then the charterer shall immediately pay to the charter company through direct transfer the mooring costs, daily charter rate, and any repositioning costs, and if the delay in return exceeds twenty-four (24) hours, the charterer shall indemnify the charter company/representative for all losses or damages incurred by the charter company/representative due to the failure of return, including loss of use of the yacht or cancellation or delay of delivery for a subsequent charter of the yacht. The charter company is entitled to offset incurred costs against the deposit.
13. TERMINATION BY THE CHARTERER
If the charterer terminates this agreement at the time of or at any time before the commencement of the charter period, the charterer remains obligated to settle all outstanding payments that were due before and at the time of termination. If the notice of withdrawal is given by the charterer or if the charterer, after giving notice of termination, fails to pay any amount due under this contract, the charter company/representative is entitled to pursue its claims through legal means.
14. OBLIGATIONS, DAMAGES, DISTURBANCES AND BREAKDOWNS
a) If after delivery the yacht becomes inoperable due to engine damage, grounding, collision, or any other cause preventing the charterer from reasonably using the yacht for a period of not less than twelve consecutive hours and not more than forty-eight (48) consecutive hours (and the hindrance was not caused by acts or omissions of the charterer), the charter company shall calculate a pro-rata refund of the charter fee from the working day following the day on which the yacht became damaged or unusable. The charterer is liable for all normal expenses during this period. After two working days, the charterer has the right to terminate the contract in writing for a pro-rata refund. A defect in the joystick control does not constitute a reason for reducing the charter fee, as the boat is also equipped with a parallel second system (bow thruster).
b) Disruptions or breakdowns of water sports equipment that do not restrict the use of the yacht do not entitle to a price reduction or contract cancellation.
c) However, if the yacht is lost or so extensively inoperable that it cannot be repaired within forty-eight (48) hours, and the hindrance was not caused by acts or omissions of the charterer, the charterer may terminate this agreement by written notice to the charter company, and as soon as possible after such termination, the charter fee will be refunded pro-rata for the portion of the charter period remaining from the date and time of loss or inoperability. Under these circumstances, the charterer may determine the refund by surrendering possession of the yacht at its mooring. The charterer is entitled to seek reimbursement of additional expenses up to €500.00 upon providing evidence. Claims for reimbursement exceeding this amount are excluded.
d) The charterer undertakes to indemnify the charter company against all claims brought by third parties arising from the use of the yacht by the charterer or members of the crew, which are not covered by insurance, even if these claims exceed the amount of the deposit.
e) In the event of damage to the yacht due to wear and tear, the charterer must arrange for repair or replacement as instructed by the charter company or its representative. If the representative cannot be reached, the charterer is authorized to arrange for repair or replacement if the amount does not exceed €100.00. This expense will be reimbursed upon return upon presentation of the invoice if the damage is not due to operator error. Replaced parts must be retained.
f) The charterer is fully liable for all direct and consequential costs, such as loss of business of subsequent charters and all associated costs and compensations resulting from the seizure of the yacht due to his or her fault or that of a crew member, as well as from illegal activities such as the transportation of drugs, weapons, people, or goods subject to customs duties.
g) In the event of major damage, accidents, possible delays, loss, or immobilization of the yacht, the charter company must be notified immediately. The charterer must take all necessary measures to mitigate the damage and consequential damages (loss of charter, etc.), as well as to commission necessary repairs in consultation with the charter company and to advance payment. The charterer must also prepare a damage report and, in consultation with the lessor, have this report confirmed by the relevant authorities. The charterer may be held liable for payment of all costs resulting from failure to comply with the aforementioned formality.
h) Theft of the yacht or parts of its equipment must be reported to the nearest police station.
15. USE OF THE YACHT
The Charterer may use the yacht solely as a pleasure craft for himself and his guests. The Charterer must ensure that, without the consent of the Charter Company, no pets or other animals are brought on board the yacht. The Charterer must ensure that the behavior of himself and his guests does not cause nuisance to other persons or bring the yacht into disrepute. SMOKING IS STRICTLY PROHIBITED IN ANY INDOOR AREA ON BOARD THE YACHT. The Charterer must comply with this and ensure that his guests comply with the laws and regulations of any country whose waters the yacht enters during the course of this contract. Participation in races/regattas is only permitted with the express permission of the Charter Company. The Charterer must ensure that all duty-free goods or other items that may already be on board the yacht or brought on board the yacht during the charter are cleared through customs before being taken ashore. It is also expressly stated that the possession or use of illegal drugs or weapons (including firearms in particular) will be grounds for the Charter Company to immediately terminate the charter contract, without any claims against the Charter Company/representatives or the Charterer.
16. INSURANCE & LIABILITY OF THE CHARTERER
a) The boat owner insures the yacht against all usual risks for a yacht of its size and type with first-class insurers.
b) Under normal circumstances, the Charterer is only liable for costs incurred on the yacht, such as repairs for damages caused by the Charterer or his guests (intentional or unintentional) or a third party. This liability extends to each individual accident or incident up to the amount of the charter deposit, except for the illegal actions described in point 15. g) and cases of negligence under the influence of drugs and alcohol.
c) The Charterer may be liable for an amount greater than the deductible in the event of an accident or incident if he or one of his guests acts in such a manner (intentionally or not) that the limitation or coverage under the insurance policy becomes void (e.g., driving under the influence of drugs, negligence, etc.).
d) The insurance does not cover accidents involving accompanying people, loss or damage to their personal belongings on board or on land, and expenses incurred for medical assistance or accidents, as well as to cover any bail failures. We recommend the purchase of appropriate additional insurance.
17. RETURN OF THE YACHT
a) The Charterer must return to the agreed return location at the time specified in this contract. When planning the timing, adverse weather or other adverse conditions must also be considered. The charter contract is only terminated upon proper return of the yacht.
b) The Charterer must return the yacht to the Charter Company no later than the agreed-upon date and time. By this time, the entire crew including luggage must have vacated the yacht.
c) Upon return of the yacht, lost equipment and all damages must be reported and, if not covered by additional insurance, paid for. The deposited deposit may also be used for this purpose. In addition, the Charterer must inform the Charter Company of groundings and identified deficiencies, which must be noted on the check-out protocol. A protocol (checklist) confirming the proper return will also be prepared and made binding by the signing of the Charterer and the Charter Company or its authorized representative.
d) If repairs are necessary, the Charterer must return early after consulting with the Charter Company/Charterer so that the repairs can be completed before the start of the subsequent charter. If the damages are attributable to the Charter Company, the charter fees for the downtime will be refunded.
18. JURISDICTION
The parties agree that this contract shall be governed by Spanish laws and jurisdiction Spanish courts, or at the absolute discretion and decision of the charter company or its agent, this contract shall be governed by the law and/or the jurisdiction of the charter company’s country of residence.
19. RESERVATIONS OF THE CHARTER COMPANY
The Charter Company/Owner reserves the right to restrict the navigation area according to the vessel category or in case of unsafe or unusual navigation conditions, or to impose a night navigation ban. In the event of adverse weather conditions, the decision to cancel the charter or change the route lies solely with the Charter Company/Owner. If the charter is canceled due to adverse weather conditions, the Charterer is entitled to a full refund of all payments without interest. Alternatively, if the contracting parties agree, the booking can be flexibly postponed to another day subject to liability. Should not be possible to rebook within such a period, the charterer will receive a credit whose value will equal that for the cancelled remaining chartered period, in any case adjusted to the existing price at the time of the credit use. The credit will be valid within the following 2 years (date-to-date) from the date of cancellation and transferable to third parties with the consent of Best Boats Charter SLU.
20. REGULATIONS - FORCE MAJEURE
Force majeure is understood to be any natural or human event of an external, unforeseeable, irresistible and unavoidable nature -even for a high qualified level of effort/diligence aimed at the achievement of the contract compliance-, which prevents the natural or logical development of events and the fulfilment of the obligations of the parties.
Therefore, force majeure shall not be understood as any event that, based on the training and capacities that - by any permit, license or administrative authorization - the parties have been acknowledged/awarded- by which the parties should have foreseen such events sufficiently in advance for the adequate development of the contract and the fulfilment of their obligations.
By signing the charter contract, both parties have read, understood, and agreed to each clause and condition of the business terms and conditions.