General Terms & Conditions

  1. RENTAL PRICE:

The rental price includes the use of a fully equipped boat, insurance of the value of the boat (whose value is greater than the deposit), and personal insurance of crew members. The price does not include fuel replacement costs, moorings outside the base port and other extra services.

  1. FORM OF PAYMENT:

The rental or leasing price will be paid in cash at the confirmation of the reservation and signing of the contract.

The LESSEE shall also pay the amount of 50 € in concept of DEPOSIT, the payment should be made when the boat, the keys and boat documentation are handed to the lessee. The final invoice will be issued after a final inspection of the boat at the time of leaving it at the port of destination.

3. OBLIGATIONS OF THE LESSEE:

  • The Lessee is obliged to navigate solely and exclusively within Spanish territorial waters and shall navigate not farther than 2 nautical miles away from the coast.
  • The Lessee shall only use the boat in favourable weather conditions. Since the boat is of category C, the Lessee may only use it with winds not exceeding 22-27 knots (=Beaufort 6) and only if the waves are less than 2 meters in size.
  • The Lessee undertakes not to rent or lend the boat to third parties, not to participate in regattas of any kind, not to carry out cabotage or professional fishing, not to give sailing courses or use the boat 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 the Lessor.
  • The Lessee must abide by the laws and rules related to the proceedings. The Lessee is not obliged to present any type of title or permit.
  • In order to fish at sea, the Tenant must have a Recreational Maritime Fishing Licence from the Government of the Canary Islands (Town Hall of the town).
  • 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 charter period. 
  1. DOCUMENTATION

The Lessor will receive all the necessary documentation from the Lessee, as well as a deposit to cover any damage, damage during the duration of the boat rental or late return.

The Lessee will also receive a copy of the contract and the necessary documentation. The Lessee shall keep any documentation received from the Tenant in a safe place for the duration of the lease. 

  1. BOAT DELIVERY

The Lessor is obliged to deliver the boat in clean condition, ready to sail, with a full fuel tank (unless expressly agreed with the Lessee). During the rental period, the boat shall be the property of the Lessor,

Károly Miklós Kaffka. Before signing the contract, the Lessee must check the rented boat, especially the equipment and inventory. Finding any type of fault or defect during the inspection that does not prevent the correct operation of the vessel does not entitle the Lessee to reduce the initial price stated in the offer.

6. DEPOSIT

At the time of signing the documentation and boat onboarding, the customer must pay a deposit covering any damage, misuse or collision of the boat that is not covered by the Insurance Policy. The deposit will depend on the boat and will be fixed in the Contract. The payment of the deposit can be done in cash. The deposit will be returned once the boat has been serviced after leaving it at the port of destination – Port of Vueltas. 

  1. RENT EXTENSION

If the Lessee wishes to extend the rental, the Lessee must contact the Lessor with reasonable notice and request the Lessor’s written consent to the extension indicating the new dates and itinerary. 

  1. CANCELLATIONS

If the Tenant cancels the rental after delivery of the boat, the rental fee will not be refunded. In the event that the Lessee needs to return the boat to the port due to a change in weather conditions, the amount of the lease will be refunded in accordance with the following rule: if the Lessee has had the boat for less than 50% of the lease period, 50% of the lease price will be refunded; if he has had the boat for more than 50% of the lease period, 0% will be refunded. 

  1. DAMAGE

The Lessee must immediately inform the Lessee in the event of any damage, collision or deterioration of the vessel, regardless of the causes. The Lessee must inform the Lessor immediately of the necessary repairs or need for spare parts. Any unauthorized repair or arrangement by the Lessor will be charged directly to the Lessee. Any damage, loss or damage caused by improper use by the Lessee and his crew shall be the responsibility of the Lessee. These damages will be deducted from the deposit. 

  1. LESSEE RIGHTS

If for any reason, and outside the responsibilities of the Lessee, the boat is out of service, the Lessee may request a refund of the proportional part of the amount paid and depending on the hours that the boat was out of service. Károly Miklós Kaffka (the Lessor) will try to provide a similar replacement boat for the same price. 

  1. LEASE TERMINATION

The Lessee shall return the boat to the Lessor at the port of destination, at the agreed time, clean and undamaged, and with the fuel reserve tank full (unless expressly agreed with the Lessor). The Lessor will fill the reserve tank with fuel. The amount of this transaction shall be charged to the deposit deposited by the Lessee (unless expressly agreed with the Lessor). If the Lessee does not return the boat to the base port at the agreed time, he must compensate the Lessor by paying the daily rental price, or at least EUR 50.

The delay may be justified only in cases of force majeure and if the Lessee immediately informed the Lessor.

If the boat is returned in poor and/or extremely dirty condition, the Lessee will be entitled to deduct from the deposit the final cleaning and/or needed reparations.

  1. INSURANCE

The boat, the crew, and the equipment enjoy are covered by the following insurance:

◊ Civil liability with a maximum limit per claim: 60 000 Euros.

◊ Civil Liability to Third Parties and Passengers.

All damage and/or losses to be covered by the insurance must be reported to the Lessor or his representative immediately after the breakdown or accident. If the damage is not covered by the Insurance, the Lessee shall be responsible for the payment thereof, even if it exceeds the deposit. 

  1. RESPONSIBILITIES OF THE LESSEE

The Lessee is obliged to pay compensate the Lessor for damages to third parties caused by negligence and which are not covered by the insurance, also bearing all costs, both material and legal. The Lessee assumes full responsibility for his actions especially in cases of confiscation of the boat for any type of legal infringement.

In the event of loss or damage, the Lessee must make a detailed note of the facts or request the report of the incident from the Port Authorities, the corresponding doctor or the responsible person. The Lessee must inform the Lessor of what happened 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 shall be obliged to inform the persons responsible and the Lessor immediately. 

  1. LOSS OF PERSONAL PROPERTY

Károly Miklós Kaffka (The Lessor) is not responsible for the loss, destruction and/or damage of personal property deposited or stored on the boat, in the service vehicle of the agency or in the offices or facilities of the Lessor.

The signing of this contract implies the acceptance of these conditions by the Lessee and that there shall be no obligation on the part of the Lessor to indemnify the Lessee in any of the cases described above. 

  1. COMPLAINTS

Only written complaints received at the time of return of the boat to the lessor shall be considered.

  1. RULES

The hirer upon delivery of the boat receives a list of important rules and advice corresponding to the present contract. This list containing the most important points is also translated into English and German.

For any interpretation of this contract, only competent Courts for the area where the boat is parked to sign this contract, this being the Ports of the Canary Islands.