1 – NAVIGATION AND TITLING AREA:
- The permitted sailing area, provided that the skipper’s qualifications allow it, shall be as specified in the vessel’s documentation.
- It shall not be possible to navigate in any area other than the one indicated, without the express authorization of the lessor.
- The lessee or the person enrolled for that purpose, must have sufficient title for the boat and voyage in question. In no case may the steering of the vessel be transferred to a person other than the person designated in the contract.
2 – DELIVERY OF THE VESSEL TO THE LESSEE:
- The vessel shall be delivered to the lessee at the port indicated in the specific conditions of this contract. The delay in the withdrawal of the boat by the lessee, for cause attributable to the same, will not determine the extension of the lease term. Similarly, if weather or similar circumstances force the lessee to delay the departure, it will not entitle the lessee to a reduction of the agreed price or to an extension of the contract term, which will end on the scheduled day.
- Prior to delivery, the lessee shall have the right to inspect the boat in the company of a representative of AMP CHARTERS, in order to check that the boat and its equipment are in perfect working order. He shall also have the right in this respect to carry out a navigation test Acceptance of the boat presupposes that the boat is in good condition.
- The boat shall be delivered with full water, fuel, battery and crankcase oil tanks. At the time of delivery an inventory of the equipment and gear on board the vessel shall be signed by the lessee.
3 – RETURN OF THE BOAT:
- Unless otherwise specified in the particular conditions, the boat must be returned by the lessee at the same port and mooring, of delivery, within the time indicated.
- Upon arrival the yacht will be inspected to ensure that it is complete, with all its equipment, without breakages, breakdowns and in a correct state of maintenance, obligations that the lessee assumes for the period in which he/she uses and enjoys the yacht. If after the review is found any damage or loss of inventory items and equipment will be at the expense of the lessee the amount of the repair or replacement of the lost item, which may be deducted directly from the deposit.
- Delivery must be made with a full tank of fuel.
- If the deterioration and consequent need for repair results in the impossibility of use during previously contracted periods, the lessee shall be responsible for the damages arising therefrom.
4 – DELAY:
- For each day of delay in the return, the client will indemnify the owner in the amount equivalent to three times the daily rental price, as well as all expenses to be paid to AMP CHARTERS customers who have hired the boat for the following periods and that for this reason had to delay the departure.
- After 24 hours from the end of the contract, if the boat has not been returned, the search for the boat will be initiated and will be communicated to the marine authorities, being at the expense of the lessee all expenses incurred.
- In case of capture, the lessee shall pay the full amount of the vessel, without the right to restitution of the amounts paid to the lessor.
5 – USE OF THE BOAT:
The lessee assumes the fulfillment of the following obligations:
- To use the boat only for recreational purposes, being prohibited the sublease, the transport of goods or travelers, other than the lessee and his guests. The lessee may only embark the maximum number of persons specified in the particular conditions.
- To take care and be responsible for the custody and maintenance of the boat during the period in which he enjoys his rental.
- To pay all current expenses during the rental period such as fuel, water, moorings, etc. If the mooring place is in the port of Port d’Aro, at the assigned mooring, the cost of the mooring and water shall be borne by the lessor.
- To compensate for all losses or damages or any loss or damage to any gear, appliances, equipment and accessories of any kind belonging to the vessel, caused during the rental period which are not covered by the insurance.
- To inform AMP CHARTERS as soon as possible of any occurrence which may reasonably give rise to a claim under the insurance and of any other accident, loss or damage sustained by the vessel.
- To comply with and attend to the navigation and steering instructions given by the Master of the vessel.
- Not to rent, sublet or assign control or possession of the vessel to third parties. In no case shall weather conditions or sea conditions be valid grounds to justify a delay in the return or in the fulfillment of any other obligation attributable to the lessee.
- Not to steer the vessel under the influence of alcoholic beverages, drugs or illegal substances.
6 – OBJECT AND RETURN OF THE DEPOSIT:
- The purpose of the deposit is to guarantee the damages or losses that may occur in any of the equipment, appliances, equipment and accessories of any kind belonging to the boat, as well as the loss of profits that may occur during the rental period that are not covered by insurance.
- The deposit shall be refunded upon return of the boat by the lessee and his companions, after the inspection referred to in general condition 3.2. in a satisfactory manner. In the event of loss, the return of the deposit shall be delayed until such time as the insurance company pays the appropriate compensation for replacement of material or repair of the vessel.
- The deposit does not constitute in any case a limitation to the lessee’s liability since the lessee shall be liable in any case for any damages that may be caused by the lessor in the fulfillment of the obligations incumbent upon him.
7 – INSURANCE:
- The boat will be insured, with the modality specified in the particular conditions, and with the terms and limitations that result from the copy of the policy that will be delivered at the time of the delivery of the boat, AMP CHARTERS keeping the original of the policy. The cost of the insurance shall be borne by the lessor.
- AMP CHARTERS will not be responsible in any case for any loss or damage to the personal belongings of the lessee or any member of his group of guests on board the boat.
8 – ACCIDENTS AND BREAKDOWNS:
- In case of breakdown, collision, loss of equipment, the lessee must imperatively and immediately notify the lessor who will inform him about the instructions to follow.
- The loss of the use of the boat, during the rental period, for any reason other than a defect in the boat itself, shall in no way give rise to a refund, even partial, of the rent paid by the lessee, nor to compensation for any damage suffered by the latter.
9 – TERMINATION OF THE CONTRACT:
- The lessee may in any case terminate the contract, always before delivery of the boat, upon payment of an amount equal to 25% of the total price stipulated if the termination is made three months prior to the date of delivery of the boat, and 75% of the price of the termination is made less than three months prior to the time of delivery.
- The lessor may terminate this contract in the event that for reasons beyond his control he is unable to make available to the lessee the boat contracted at the time and place to proceed to the delivery of the same. In this case the lessor shall reimburse the lessee any amounts received to date in accordance with the terms of this contract. In no case may the lessee ask the lessor for compensation for the unavailability of the vessel.
10 – EXONERATION OF LIABILITY:
- The lessor is exonerated from liability for any damage that the lessee may cause to third parties or things by the use of the rented boat.
11 – MISCELLANEOUS PROVISIONS AND JURISDICTION:
- To resolve any dispute concerning the interpretation or performance of this contract, the parties, waiving their own jurisdiction, expressly submit to the jurisdiction and competence of the authorities of Marina and, where appropriate, to the Courts and Tribunals of Girona.
- This contract is subject to the law applicable in the country of the lessor.