RESPONSIBLE: Oscar Cano Muñoz
SOCIAL ADDRESS: C/Aragón 34 Bajos, 07800 Ibiza
CONTACT: email@example.com | 659 793 979
All industrial and intellectual property rights of the website https://boats4ibiza.com and its contents belong to Oscar Cano Muñoz. https://boats4ibiza.com is a domain owned by Oscar Cano Muñoz (NIF 41460282E), hereinafter Boats4Ibiza, with registered office at Carrer Aragó 34 Bajos, 07800 Eivissa, Balearic Islands. This Legal Notice regulates the use of this domain. The use of this website implies the acceptance by the user of the conditions of use included in this Notice. Boats4Ibiza will prosecute any breach of these conditions as well as any improper use of the contents presented on its website. Boats4Ibiza reserves the right to make any changes it deems appropriate to its website without prior notice, and may change, delete or add both the contents and services it provides and the way in which they are presented or located. It is prohibited to reproduce, distribute, modify or copy the content of this page, unless you have the authorization of the owner of the domain or is legally authorized. Boats4Ibiza in no case be responsible for the truthfulness or inaccuracy of the data provided by the user. The user will be solely responsible for the data provided and any damages that may be caused to Boats4Ibiza or third parties. Boats4Ibiza is not responsible for links to other Internet sites. These links are not under the supervision and control of Boats4Ibiza. If you access other websites using the links provided, the operators of those websites may collect your personal information. Please ensure that you are in agreement with the Privacy Policies of these third party websites before providing any personal information. In accordance with the current Organic Law 15/1999 on Data Protection, Boats4Ibiza informs you that the personal data of the Users of the https://boats4ibiza.com web site will be incorporated and processed in an automated file owned by Boats4Ibiza and will be managed exclusively for the purpose described in each form or means of response. By clicking on the agreement to send the information entered the user consents to the processing of their data by Boats4Ibiza. Boats4Ibiza agrees that the personal data requested will be strictly necessary to carry out the service requested. You will be informed of the obligation to provide certain information, without which it would not be possible to carry out the service. Boats4Ibiza, as the party responsible for the file, undertakes to maintain the secrecy and confidentiality of the personal data provided, adopting all the necessary security measures to avoid its loss, modification without consent or unauthorised access, in accordance with the Regulation on the Development of the LOPD approved by Royal Decree 1720/2007 of 21st December. The sole purpose of the personal data provided is to carry out commercial management of the products and services offered on this website; in the same way that they will be used to keep the user informed of commercial offers regarding our products. The user, in accordance with Organic Law 15/1999, of 13 December 1999, on the Protection of Personal Data, may at any time exercise their rights of access, rectification, cancellation and opposition, by notifying Boats4Ibiza, Carrer Aragó 34 Bajos, 07800 Eivissa, Balearic Islands.
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Terms of the agreement
FIRST - The validity of this contract is subject to the effective payment of the amounts stipulated on the front of this contract of lease of pleasure craft, in the form and terms set out therein, which may not be varied except by express agreement with the LANDLORD. Payments including VAT must be made in full before boarding.
SECOND: RENTAL WITH CAPTAIN - In the case that the boat subject to this rental contract is rented with a skipper, it is provided by the leasing company and provides its services on behalf of and at the expense of the latter, being in possession of the knowledge, experience and qualifications necessary for the intended navigation. The boat rented can only be skippered by the captain, who is the only one authorized to do so. Likewise, the Captain is the only one authorised to take any decisions that may be necessary in the event of damage to the boat or the need for repairs to the boat or the need to be towed, and he may take any precautionary measures that may be necessary to guarantee the care and safety of the rented boat, with the HIRER accepting to respect and comply with what the Skipper decides in such cases.
THIRD: RENTING WITHOUT A CAPTAIN In the event that the boat covered by this rental contract is rented without a captain, the HIRER undertakes to provide a captain, being in possession of the knowledge, experience and qualifications necessary for the intended navigation. The boat rented can only be skippered by the captain, who is the only one authorised to do so. The CHARTERER shall have the right to carry out a sea trial to the skipper provided by the CHARTERER, In the event that the CHARTERER considers that the skipper does not have sufficient experience or expertise in the handling of the boat, the CHARTERER shall provide a skipper of his confidence and the CHARTERER shall pay 150 ? as salary. In the event that the CHARTERER refuses to hire the skipper provided by the CHARTERER, the CHARTERER will lose the deposit made when booking the boat and the charter will be automatically cancelled.
FOURTH - DURATION - The duration of the present rental contract will be that expressly stipulated by the parties on the front of this document, on the understanding that one day's rent is equivalent to EIGHT HOURS. For any extension or variation of the timetable, it will be necessary to consult and agree with the LANDLORD. If the lessee by his own will exceeds the eight hours of rental, he must pay 100 ? per extra hour or fraction of an hour. The boat must return to port before 9 p.m.
Any day of delay in returning the yacht to the port of arrival that has been established on the front of this contract, will be invoiced at double the daily rate applied, unless otherwise agreed with the company.
The rental contract will not be considered terminated until the boat has been returned to personnel of the CHARTERER duly identified, in which case the provisions of the previous section shall prevail. The boat shall be delivered by the CHARTERER with full fuel tanks if not, the CHARTERER reserves the right to charge the CHARTERER for the expenses incurred in this respect plus a fee of 30 ? for the refuelling service. If the final agreed price includes the fuel, the boat's tank shall not be refilled.
FIFTH - INSURANCE - The boat and its crew are insured with a company of recognized prestige, which covers any accident to the boat.
Neither the LANDLORD, nor the skipper, nor the boat will be responsible for any injury, personal or material damage produced during the charter or as a result of accidents occurring in relation to diving, swimming or activities such as water skiing, wakeboarding, small boats, jet skiing or any other activity or water sport. The insurance policy is in the hands of the LANDLORD, for inspection by the LANDLORD if desired.
The use of assistants or jet skis is permitted subject to the correct certification of the person in charge, under his/her responsibility, the authorisation of the crew and in authorised areas. The expenses incurred by the use of these water toys are to be paid by the TENANT. The CHARTERER is not responsible for the nautical toys not included in the inventory of the boat and their correct use is the responsibility of the lessee and the owner company; The parties agree, on the basis that this contract deals exclusively with the rental of the boat defined in Exhibit 1 of the same, that the use of any nautical elements such as motorboats, seabob, jets or similar that are used by the lessee at the same time as the contractual use of the boat in question will be carried out under his exclusive responsibility. Any damage that may be caused to any person or thing or to the contracted boat itself due to the use of the same during the validity of this agreement shall be borne and paid for by the lessee in all cases with his present and future assets. This clause serves to expressly exonerate the charterer in all concepts related to its content.
SIXTH - CANCELLATIONS: In the event of withdrawal, the cost of cancellation if it occurs more than 30 days before the date of shipment, will be 50% of the deposit paid by the TENANT; and the cost of cancellation if it occurs less than 30 days before the date of shipment will be 100% of the deposit paid by the TENANT. In the event that it is the company that is delayed more than two hours in the delivery of the boat, the full amount of the rental will be returned to the HIRER, in the event that it is not possible to provide him with a boat of equal or superior characteristics.
SEVENTH - At the time of delivery of the boat, both parties will proceed to inspect the boat and check the inventory, at which time they will declare that they are in compliance and to their satisfaction, and in suitable condition for use at sea.
EIGHTH - The HIRER undertakes to use and maintain the boat in good condition, and to be responsible for the integrity of everything in the inventory, and therefore for any damage, breakage, theft or loss. All boats are equipped with a GPS tracking system. In the case of rentals without a skipper, the HIRER undertakes not to exceed a maximum speed of 30 knots, not to carry out dangerous manoeuvres, and not to enter the sites marked as dangerous on the boat's GPS. All this will be considered as misuse of the boat and will be recorded with 200 ? from the client's deposit even if there is no visible damage to the boat.
NINTH - DEPOSIT The amount paid as a deposit shall remain in the possession of the LANDLORD and shall serve as a guarantee for the correct fulfilment of the conditions of this contract, as well as to cover any malicious or negligent damage to the boat and its equipment, and in general to cover any possible loss or breakage of the material, replacement of fuel, provisioning ordered by the LANDLORD, port fees except for the cost of mooring in the base port. The Deposit will be given by the TENANT at the time of embarkation and will be paid in VISA or MASTERCARD. Once the rental contract has ended and the boat has been returned, the differential will be returned to the TENANT once all the extras have been paid for and the condition of the boat and its equipment has been checked. The return of the deposit will be made within 48 hours after the rental. In the event of an accident, grounding or any other circumstance directly attributable to negligence, malicious damage or ignorance on the part of the CHARTERER, the CHARTERER has the right not to refund the deposit to repair the damage caused by the above-mentioned events or by the lack of commercial use of the boat.
The MINIMUM amount of the deposit is set at 1500 Euros. It can reach up to 5000 Euros in some boats.
TENTH. - The tenant undertakes and obliges to use the boat according to the legislation of the Marine, Police and Health Authorities of the ports he visits.
The HIRER undertakes not to embark more people than those authorised, and must use the yacht solely and exclusively for pleasure sailing, and is expressly prohibited from trading, subletting, assigning, professional fishing, transport, racing, as well as any activity or use prohibited by law.
In the event that this is the case, the CHARTERER will be personally liable to the corresponding Authorities, even in the case of involuntary fault. If any of these circumstances leads to the immobilisation of the boat, the CHARTERER is obliged to pay the LANDLORD an indemnity equal to the rental rate in force during the time the boat is retained. In the event of confiscation of the boat, the Lessor must be reimbursed the value of the boat within a maximum period of ten days, the price being fixed, from this moment and by common agreement, that which appears in the Insurance Policy of the rented boat.
TENTH FIRST: The fact that the CHARTERER is deprived of using the boat partially or definitively due to a breakdown produced during the rental period and due to a cause not attributable to the misuse or negligence of the CHARTERER, shall not give the CHARTERER the right to request a refund of the amounts paid, provided that the CHARTERER puts at the disposal of the CHARTERER another boat of equal or superior conditions to the one rented. In the event that the Lessor cannot make available to the HIRER another vessel of the same or superior characteristics, the HIRER shall be reimbursed for the days remaining until the fulfilment of the contract. In the event that the breakdown has occurred due to misuse or negligence by the CHARTERER, the CHARTERER shall not be entitled to request a refund for the days remaining until the contract is fulfilled.
TENTH SECOND - If the weather conditions are adverse, with winds from the East of more than 20 knots or rain, the lessee will have the right to change his or her charter day free of charge, or if it is not possible to change to another day, he or she may cancel the charter free of charge.
TENTH THIRD - The HIRER will be responsible for the cost of fuel for the engines, lubricants (provided that the fuel is not included in the final price agreed), port fees, except for the cost of mooring in the base port which are included in the rental price and in general, all consumables necessary for the proper order and care of the boat during the rental period, as well as supplies, catering, etc ...
FOURTEENTH - It is absolutely forbidden to cook, smoke or transport animals on board, unless expressly authorised by the LANDLORD. Illegal drugs and weapons are totally forbidden on board. No alcohol is allowed on board except that provided by the LANDLORD.
FIFTEENTH. - The HIRER undertakes to deliver the boat in the same conditions as it was at the beginning of the voyage, although the final cleaning of the boat will be carried out by the LANDLORD. Negligence, improper use, mistreatment of the boat and failure to comply with the Law or the provisions of this contract, will be sufficient reason for the instant termination of this contract, with the amounts paid in favour of the LANDLORD as compensation.
SIXTEENTH: The CHARTERER reserves the right to use and publish for commercial use any image or video taken during the rental of the boat which is the object of this contract provided that the CHARTERER and the rest of the passengers label the CHARTERER company and share their images and videos on the social networks of the CHARTERER company.
MINORS must always be accompanied or supervised by an adult and not under the responsibility of the crew. All minors must wear life jackets for the duration of the charter.
EIGHTEENTH: It is customary and voluntary, but not mandatory, to reward the crew for the consideration of the CHARTERER.
NINETEENTH PERSONAL PROPERTY The RENTER is not responsible for any damage or loss that may occur during the term of the lease in the personal property of passengers.
TWENTY. - If the LANDLORD or the CAPTAIN considers that the weather conditions are not suitable for sailing, the charter will be postponed or 100% of the agreed price will be refunded.
TWENTY FIRST - The LANDLORD company will charge the LANDLORD a Visa-MasterCard pre-authorisation of a minimum of 300 Euros (depending on the characteristics of the boat) for fuel expenses. On the return of the charter, fuel tanks will be checked and if there is a charge, the difference will be discounted from the pre-authorisation and the excess will be returned to the LANDLORD within 48 hours of the return of the charter.
TWENTY-SECOND - For any controversy that may arise from the content or interpretation of this contract, both parties, expressly renouncing their own jurisdiction or that to which they may have access, shall submit themselves to the Judges and Courts of Ibiza, where the LANDLORD has its registered office.
TWENTY THIRD - The fact that the HIRER is deprived of using the boat partially or definitively due to the current circumstances concerning the COVID-19, will entitle him/her to request a refund of the amounts paid when it is due to travel restrictions or illness. Therefore, the HIRER shall refund the full booking deposit or if possible by the HIRER rectify the booking dates by others.
In accordance with the provisions of the General Law for the Defense of Consumers and Users, the Buyer will have, for its online purchases, a withdrawal period of fourteen (14) days from the date of receipt of the Gift of Experience, without having to justify reasons or pay fines. This right of withdrawal does not apply to In-Store Purchases or Online Purchases made through a Company credit generated after an exchange.
The Buyer may exercise its right of withdrawal:
- By email to firstname.lastname@example.org or by post to Boats4Ibiza - Customer Service - Calle Aragón 34 Bajo izquierda, 07800 Ibiza
- Either in writing by e-mail or by post to the above addresses, to inform the Company of your clear and unequivocal decision to withdraw from your online Purchase;
However, it is essential that the Buyer communicates the following information:
- - Your first and last name
- - The order number
- - The name of the person who received the corresponding bonus
- - The number of the corresponding Gift Voucher
Once the Company has received the withdrawal request, it will immediately send the Buyer an acknowledgement of receipt of the withdrawal on a durable medium (e-mail).
Any withdrawal requested under the terms of this article will result in a refund of all amounts paid, including shipping charges at the standard cost, within fourteen (14) days from the date the Buyer has informed the Company of its decision to withdraw.
The refund will be made (at no cost to the Buyer) in accordance with the means of payment used for the initial transaction, except with the Buyer's express prior acceptance of other means of refund.