The purpose of these conditions is to regulate the legal and commercial relationship between SBS and the USER arising from the rental of the pleasure boat previously selected by the USER, for the price indicated on the Web Portal, and for the rental period also selected, subject to the clauses listed below:
The parties to this Contract are SEE BAHÍA STDER, S.L. in the condition of Landlord; and the USER in the condition of Tenant.
II.- ORDER AND CONTRACTING ORDER PROCEDURE.
SBS undertakes to provide the USER with confirmation of receipt of the acceptance, immediately after the USER has completed the registration procedure, and has accepted such conditions. Before continuing, SBS recommends that the USER print or save a local copy of the conditions and acceptance as its own reference.
In the event that the confirmation cannot be shown to the USER immediately after acceptance, SBS undertakes to provide it by sending an electronic mail or another equivalent means of electronic communication to the address indicated by the USER, within a maximum period of forty-eight hours following receipt of the acceptance.
Said confirmation of the Order Form must show the essential conditions of the contract, such as the details of the contracting USER in the condition of Renter, the rented boat, the rental period and the price.
(b) Once the Order Form has been confirmed by SBS, the USER must provide SBS with the details of the passengers who will be on board the boat to be rented, the details of their charter, the navigation plan and the details of their card, necessary, where appropriate, to make the payment. The obligations of SBS shall be suspended until such information is provided.
(c) Once the contract has been perfected and/or the necessary information has been provided by the USER to SBS, SBS shall file the electronic document in which the contract is formalised, together with the data, information and documents necessary for SBS to proceed to comply with it. A copy of the electronic document will be sent to the contracting USER.
III- RENTED BOAT.
The pleasure boat object of the rental will be selected by the USER in the Web Portal, prior to the formalization of the Order Form.
IV- RENTAL PERIOD.
The rental period, or period of duration of the contract will be that which for days or hours has been previously selected by the USER in the Web Portal, prior to the formalization of the Order Form.
V- RENTAL PRICE.
(a) The lease period of the contract will be that previously established in the Web Portal, prior to the formalization of the Order Form.
The prices shown on the SBS website do not include Value Added Tax (VAT) which will be invoiced separately (at the end of the booking process) or that which, if applicable, is appropriate to apply.
The rental price includes only and exclusively the use of a fully equipped boat, insurance of the value of the boat above the deposit, and personal insurance of crew members.
Fuel replacement costs, moorings outside the base port and other extra services are not included.
VI.- FORM OF PAYMENT.
(a) The USER will pay 50% of the total price upon completion of the Order Form.
When formulating the Order Form, the USER can freely choose the following systems:
- With credit or debit card: Visa, Mastercard, Maestro, 4B, American Express , using a secure payment gateway of the bank Banco Santander Central Hispano that connects with the User’s Bank.
- Through Paypal (paypal.com): system that allows you to pay securely via the Internet using a PayPal account already created by the User, or simply entering the data of your credit or debit card.
In order to contract the services, it is necessary to fill in the form with the payment details.
In certain cases and to prevent possible frauds the Company reserves the possibility of requesting a client a specific form of payment in the event that the identity of the buyer is not reliably accredited.
In the case of payment by credit card or Paypal, the payment details that are handled and treated securely always travel encrypted, and are not stored or shared with third parties for any purpose other than to make payment of the transaction. SBS does not have access to credit or debit card number data. Once the payment has been made, and depending on the result, the User will be informed if the operation has been carried out successfully or if any problem has occurred.
For the User’s own security, the card keys are needed to pay. These keys will be requested once the User enters the platform of his Bank. To demand these keys to pay with the card helps to give an additional level of security.
(b) The remaining 50% will be paid one day before the boarding date, through:
- Bank transfer to SBS account number ES62-0049-6061-14-2816069768
- Credit card.
- Cash on boarding in case of prior written agreement with SBS.
(c) The parties shall agree that payment shall be made on the same day of shipment for those cases of short term rental, however, the form of payment mentioned may not be modified without the express consent of SBS.
(d) In case of cancellation by the USER, the percentages of price stipulated in the general conditions must be paid.
(e) The lessee is obliged to return the boat to SBS with a full reserve fuel tank or to pay the difference consumed at the price of 2.00 € / L plus the established cost (10 €) for providing the service.
(f) The final invoice will be carried out after the corresponding final review of the vessel at the time of leaving it at the port of destination or in its absence, the next day if the deposit has been made by Credit Card or unless expressly agreed by both parties.
VII- TECHNICAL CHARACTERISTICS AND EQUIPMENT OF THE VESSEL.
It will be accompanied by a document with the technical characteristics and equipment of the vessel, as an Annex to the contract that will be sent to the USER once the Order Form has been filled in.
VIII.- MINIMUM QUALIFICATION REQUIRED: -SKIPPER-.
The leasing company assures that it has the knowledge and experience necessary for the government of the leased vessel and that it holds the necessary nautical title.
The lease ensures that it has the knowledge and experience necessary for the conduct of the cruise and has the following nautical title.
If this is not the case, it will designate the details of the crew member who does have the required knowledge and qualification.
In no case may the government of the yacht be transferred to a person other than the one who is recorded as skipper.
SBS reserves the right to cancel this contract if the skipper does not have sufficient training and competence for the safe management of the yacht. In this case, the charterer shall not be entitled to any refund of the charter, however, the lessor shall make available to the charterer another skipper (if any). The costs of this change will be borne by the tenant.
At the time of signing the documentation and delivery of the vessel object of this lease, the lessee must pay, as a deposit, a deposit corresponding to 20% of the total rent being the minimum amount of 100 €, covering any damage, damage by improper use or collision of the boat that is not covered by the Insurance Policy.
The formalization of the deposit can be done by Credit Card, transfer or cash.
If the deposit is made by Credit Card, the Lessee must check that the available credit is at least the amount of the deposit, as authorisation will be requested from the bank, and this amount will be retained until the end of the rental period.
If for any reason the authorisation is refused, the amount of the deposit must be paid in cash or by bank transfer. The deposit will be returned to the Lessee at the end of this contract and after appropriate verification of the condition of the boat by SBS staff.
X- NAVIGATION PLAN.
May not exceed Zone 4- 12 Miles.
This Agreement is also governed by the following:
First – Purpose.
SBS, by the present Contract, will deliver in lease to the Tenant, who accepts, the right of use of the boat described previously.
The boat object of this contract will be used for recreational navigation, not being able to be used to carry out commercial or lucrative operations, except express agreement of the parts.
Said boat may only be navigated by those persons who have the nautical title in force that is required for the specific boat.
Second – Price. Form of payment. Deposit. Skipper and Navigation Plan
The price of the rental, its method of payment and deposit, as well as the responsible skipper and the navigation plan, are included in the contract signed for this purpose by the same natural or legal persons who subscribe to this Annex at the same place and date.
Third – Navigation area
The Hirer is obliged to navigate only and exclusively in the Spanish territorial waters and within the limits established in the permit of navigability of the CONTRACTED vessel. In order to navigate outside the aforementioned waters, prior written consent must be obtained from SBS.
Fourth – Obligations of the HIRER.
- The lessee is obliged to use the rented boat diligently, respecting the rules of a good navigator, and applying the rules of the Marine Command, Customs and Treasury that may result from execution.
- It shall be the obligation of the Lessee to maintain in good condition of use the rented boat, as well as all the facilities in them existing, likewise the lessee undertakes not to use in the cleaning of the boat products or utensils that may cause deterioration or damage to it.
- The lessee undertakes to carry on board the leased vessel only the number of authorized persons and not to carry animals on board, unless there is express authorization from SBS.
- The lessee undertakes not to leave the boat moored or anchored, without any person on board, on the coastline, or unprotected waters and which does not require payment of mooring fees.
- The lessee undertakes not to govern the vessel covered by this contract under the influence of alcoholic beverages, toxic drugs or narcotics, nor to ship illegal substances.
- The Lessee undertakes not to rent or lend the vessel to third parties, not to participate in regattas of any kind (except with the express permission of SBS), not to carry out cabotage or professional fishing, not to give sailing courses or use the vessel for any other lucrative purpose, and to sail only under favourable weather conditions. For any of the above activities, express permission must be obtained from SBS.
- The Lessee must respect the laws and rules related to customs formalities and must keep a log of navigation and take care of the inventory of the vessel during the lease.
- It is totally forbidden to tow other boats except in cases of urgency, also only be towed the boat rented in the same cases and always with their own ends to avoid the high costs of rescue.SBS will not accept agreements or assume any responsibilities without the express permission of SBS.
- In the event of not hiring the additional services of a boatmaster, the Lessee shall be obliged to present a valid certificate accrediting his nautical knowledge if he wants to crew the vessel.
- The Lessee shall be responsible for any possible infringements committed, in accordance with the Spanish laws in force, even if the vessel is being crewed outside the lease period.
- The Lessee is responsible for delays in the return of the boat and for any damage or harm that occurs in the rented boat, for reasons not attributable to third parties, and for the loss or breakage of any item or its equipment included or not in the inventory. If the boat suffers any damage, SBS will retain the deposit until it receives from the insurance the amount corresponding to the compensation.
- In the event of obtaining a prize or compensation for a salvage, this will be shared 50% between SBS and the Lessee.
SBS will receive all the necessary documentation from the Tenant, as well as a deposit to cover any damage or flaw during the duration of the lease of the boat. It is necessary that you keep this documentation in a safe place for the duration of the lease.
On the other hand, the Lessee will receive a copy of the insurance policy subscribed and in force for the mentioned boat, as well as any other type of documentation that could be required due to its obligatory nature during the navigation.
Sixth – Delivery of the pleasure boat.
On the part of SBS, you are obliged to deliver the vessel in good condition, clean and ready to sail, with a full fuel reserve tank (unless expressly agreed with the lessee). At the established time and place Any delay in the collection of the boat by the Tenant for reasons attributable to it, will not determine the extension of the rental period established.
During the lease period, the boat will be owned by SBS (or its legal owner if any). Before signing the mentioned contract, the Lessee must check the rented boat, especially the equipment and inventory, the signature of the inventory and acceptance of the rented boat, presupposes that everything is in good condition and that the lessee is accepted and responsible for it. Finding any type of fault or damage during the inspection that does not prevent the proper functioning of the ship does not entitle the Lessee to lower the initial price listed in the offer.
If SBS is unable to deliver the boat within the period and under the conditions established, it shall be obliged to cancel the rental contract and return to the Lessee the part of the price corresponding to that period and in the same proportion as the contracted one, without any compensation for damages or losses in favour of the lessee attributable to this concept, whatever the cause may be.
BY THE LESSEE RETURN
The Lessee declares to know the state of the boat and therefore undertakes and accepts to deliver to SBS the boat in the same state, place of final destination at the agreed time, clean and intact, and with the fuel reserve tank full (unless expressly agreed with SBS). If it is delivered in a different place, the hirer will remain next to the boat until the SBS representative takes possession of it. The hirer will bear all the costs of this situation to which will be added 10€ per mile separating him from the point of delivery and the crew costs and taxes required, to which will be added the cost of time spent at the price of the rental contracted.
Likewise, if the same fuel is not delivered and/or in bad conditions or extremely dirty, SBS will invoice the Lessee for the cost of filling these deposits and 90€ for the time used to order and clean up the boat.
When returning the boat will take effect a review of the same as well as its inventory and equipment after which if it conforms to be automatically returned the deposit to the hirer,
Defaults on the part of the Lessee as well as the costs of repairing any damage to the boat covered by this contract, will be charged against the deposit including the value of the time of repair, if the cost exceeds the deposit SBS reserves the right to require the amount missing to cover such damage.
If for any sudden or unforeseen reason due to bad weather the return of the boat is delayed, the hirer is obliged to inform SBS immediately.
Seventh – Delay in return.
In the event of a delay in the return of the boat, the hirer is obliged to pay SBS double the contracted price for each period that exceeds in equal time to the contracted and to bear all costs arising for SBS attributable to this delay both directly to SBS and for possible breach of SBS against third parties.
If, 24 hours after the end of the contract, the boat has not been returned and there is no news of it, its disappearance will be communicated to the corresponding authorities. The costs of this search will be borne by the hirer.
The time spent repairing the boat for damage caused by the Lessee as damages shall also be considered as a delay in the return of the boat.
Eighth. Delays in the delivery or return of the boat due to bad weather.
If due to weather causes there is a delay in the delivery of the boat by:
- SBS, the hirer has the right to the refund of the amount of the lease contracted without any compensation in favor of the hirer and / or a new contract in the same conditions when the boat is available.
- Tenant, is obliged to inform SBS immediately of his position or location and of the material impossibility of delivering the boat in place and time and day agreed by the sudden and unforeseeable worsening of time in which case it will not have extra cost if its position is within the planned navigation plans.
Ninth: Duration and extension.
The duration of the present contract of lease will be the one that stipulated by the parts.
In the event that the Tenant wishes to extend the lease, he must contact SBS with reasonable notice and request their written consent for the extension indicating the new dates and itinerary.
Tenth – Cancellations.
In the event that the Lessee withdraws from the lease for any reason after the delivery of the boat, SBS will retain the full price of the lease for damages, being the account of the Lessee all gas.
In the event that the Tenant cancels the lease FOUR days prior to the provision of the service, SBS will retain 50 % of the total price. In the event that the cancellation occurs THREE or TWO days before SBS will retain 80% if the cancellation is communicated ONE day or less in advance, the penalty will be 100%, with the same criteria outlined above.
SBS recommends that the lessee take out a charter cancellation insurance.
Eleventh – Damages.
The Lessee must immediately inform SBS in the event of any damage, collision or deterioration of the boat, regardless of the causes and whether or not third parties are involved.
The Lessee must inform SBS immediately of the necessary repair or need for spare parts. Any unauthorized repair or arrangement by SBS will be charged directly to the Lessee, except in very special cases where the necessary urgency is demonstrated.
Any damage, loss or damage caused by improper use by the Tenant and his crew shall be the responsibility of the Tenant. These damages will be deducted from the deposit and will be returned only if there is insurance coverage of the boat and in the amount established, running the franchise in charge of the tenant.
Twelfth – Rights of the Tenant.
If for any reason, and outside the responsibilities of the Tenant, the boat was out of service, the Tenant may request a refund of the proportional part of the amount paid and depending on the days that the vessel was out of service. SBS will, to the extent possible, attempt to provide a similar replacement pleasure craft for the same price.
Thirteenth – Insurance.
The boat, the equipment and the crew have the following insurance*:
◊ All Risk Hull.
◊ Civil Liability to Third Parties and Passengers.
All damages and/or losses to be covered by the insurance must be reported to SBS or its representative immediately after the breakdown or accident. In the event that the damage is not covered by the Insurance, the Tenant will be responsible for the payment of the same, even in the event that they exceed the deposit.
Fourteenth – Responsibilities of the Tenant.
The Tenant is obliged to indemnify SBS for damages to third parties caused by negligence and that are not covered by the insurance, also running with all costs, both material and legal.
The Lessee assumes full responsibility for his facts especially in cases of confiscation of the boat for any type of legal infringement.
In the event of loss or damage, the Lessee is obliged to make a detailed note of the facts or to request the report of the incident from the Port Authorities, the corresponding doctor or the person responsible.
The Tenant must inform SBS of the incident as soon as possible. In the event of loss of the vessel, impossibility of navigation, confiscation of the vessel or prohibition of navigation by the competent authorities, the Lessee is obliged to inform the responsible persons and SBS immediately.
The lessee, in the event that any member of his crew suffers an accident within the boat, must communicate to SBS, through the formalization of a written accident report, the causes, circumstances and consequences of what happened, as well as, if known, name, surname and address of the cause of the event and witnesses and also the names and addresses of the injured, if any. For the purposes of this contract, an accident shall be understood to mean any fortuitous, spontaneous, external, violent event independent of the will of the person who suffers it and which occurs to any of the occupants of the boat.
Fifteenth – Loss of personal property.
SBS is not responsible for the loss, destruction and / or damage of personal property deposited or stored in the boat or its offices or facilities. The signing of this Contract implies the acceptance of these conditions by the Tenant and that there will be no obligation on the part of SBS to indemnify the Tenant in any of the cases previously described.
Sixteenth – Complaints.
Only written complaints received at the time of return of the pleasure craft to SBS shall be considered.
Seventeenth – Formalization.
This contract is formalized by private contract signed by both parties in duplicate.
Eighteenth – Jurisdiction.
For any interpretation of this contract are only competent Courts for the area where the boat is parked to sign this contract, this being the Sports Port of Santander.