This document establishes the General Contract Conditions applicable to the provision of the Boat Rental service (hereinafter, General Conditions of Service) by Enjoy Boat SL (hereinafter Enjoy Boat), with NIF B93600989 and registered office in Puerto de Caleta (Front Dock Dock) Postal Code 29.751 Caleta de Vélez Vélez -Málaga (Málaga), to natural and/or legal persons (hereinafter, contracting party or lessee) who express their willingness to contract the services regulated in these conditions through the request made by electronic means, specifically via the internet, on the website enjoyboat.net, owned by Enjoy Boat.
1. INFORMATION AND CONTRACTUAL DOCUMENTATION
Acceptance of the contracting person:
These General Conditions of Service are permanently displayed on the enjoyboat.net website (hereinafter, "Website"), and all users can file them, print them and, therefore, be previously informed of the conditions of service, characteristics , rights and, in general, of all the conditions in which the provision of the service will be carried out. Likewise, these General Conditions of Service are reiterated by means of a link provision indicating "I accept the General Conditions" - each time a specific request (purchase) of service is made through the Website.
The Contracting Party, when booking the service, tacitly accepts these conditions and gives its express and unreserved consent for Enjoy Boat to carry out the collection operations necessary for the acquisition of the services it contracts. Therefore, the Contracting Party gives its consent, expressly authorizing Enjoy Boat to charge the payment methods that it introduces and, therefore, the operations are considered authorized for the purposes of the regulations on payment services.
These General Conditions of Service together with the specific request made through the Website by the Contracting Party -Special Conditions- imply the formalization of the Service Contract (hereinafter, the Contract) between Enjoy Boat and the contracting party that declares to be older than age, have sufficient capacity to contract and have read, understood and accepted these Conditions. Enjoy Boat, at the time of contracting and within a period not exceeding twenty-four hours, sends to the email address, which the Contracting Party has specified in the user registration form as the main means of contact, with a description of the contracted service. . The sending of the purchase order implies the confirmation that the effective contracting has taken place.
Any subsequent modification of these General Conditions of Service or of the General Conditions of Contract will be notified to the Contractor via email. All the documentation indicated above can be printed and filed by the contracting party, who can request it at any time from Customer Service by sending the corresponding email to [email protected] or by phone at +34 642 00 96 16.
Any request for information, or claim that is deemed pertinent, may be submitted to the Customer Service Department at the address identified in the previous paragraph. After receiving a request or claim by any of the means indicated in the previous paragraph, Enjoy Boat will analyze the case raised by the user and provide a response as soon as possible, which in any case will not exceed fifteen (15) days counted. from the day after Enjoy Boat receives the request or claim.
The object of this rental contract is the boat reserved through the reservation form, once the relevant payment is made, and taking into account the particular conditions of said boat, such as: maximum number of crew members, day and time of the reservation. , hired extras, etc.
3. DURATION, PORT OF DEPARTURE AND ARRIVAL
The lessee will have to return the boat at the port where it is delivered, on the day and time set for the end of the lease.
4. PRICE AND DEPOSIT
Payment will be made in two parts. A reservation payment that will be indicated in the reservation request and paid online by credit card, and the rest in a single payment at the beginning of the boat rental.
At the time the boat is made available to the lessee, the latter will give the lessor the amount of 500 euros, as a Deposit, to answer for the responsibilities that may be incurred in relation to the lease.
This deposit will be paid in cash, by check or transfer prior to boarding and will be returned to the lessee as soon as possible, after verifying the absence of responsibilities that could be affected. The deposit is not returned on disembarkation, but as soon as possible, as soon as the boat can be checked.
Any breach by the lessee regarding the payment of the price or the deposit of the deposit in the agreed terms and deadlines will automatically determine the ineffectiveness of the contract, notwithstanding which the amounts that the lessee may have delivered at the time of Failure to comply will remain the property of the lessor as damages.
Prior to the start of boarding, the lessee must send the lessor the following documentation:
- Lease agreement signed in all its pages
- crew list
- Copy of the employer's ID
- Copy of the skipper's nautical title
The lack of any of the documents indicated within the stipulated period will determine the ineffectiveness of the contract, without prejudice to which the amounts delivered up to that moment by the lessee will remain the property of the lessor.
6. MAKE AVAILABLE OF THE LEASED VESSEL
The lessor undertakes to make the leased vessel available to the lessee on the day, time and place and during the period stipulated in the reservation, ready to sail, with full fuel and provided with the equipment, gear and supplies detailed in inventory annexed to the physical contract, all of them in good working order.
If for reasons beyond the control of the lessor, he cannot make the rented vessel or another similar one available to the lessee on the agreed date, he will bear the termination of the contract with a refund of the entire price received, plus compensation of said 10% of amount for damages. This compensation is agreed as the maximum limit of responsibility of the lessor, who will be totally released from it if at least one week before the date scheduled for the start of the lease prior to the lessee of the impossibility of making the leased boat available to him or her another similar one.
When the boat is made available, the lessor and the lessee carry out a joint check on the correct functioning of the technical and mechanical elements, as well as the good condition of the equipment, gear and supplies. The tenant will sign his agreement in this regard. Once the boat is made available to the lessee, the latter will not be entitled to any type of compensation, nor to a partial refund of the price, even if due to a breakdown or fortuitous event they cannot carry out the planned crossing, whatever the moment in which this circumstance occurs.
Once the boat is available in the water, the lessee will have a period of 15 minutes to cancel this rental contract, in such a way that, after the first 15 minutes from the availability in the water of the vessel, it will not be able to REQUEST the return of the contracted service. Not being caused by the physical state of the passengers, crew member of the leased vessel, that is, DIZZINESS, DISCOMFORT, ETC. After the first 15 minutes of placing the boat at the disposal of the lessee in the water, the return of the contracted service cannot be requested.
The leased boat has the following insurance:
- Maximum limit of compensation per claim for property damage: (according to policy conditions)
- Maximum limit of compensation per claim for personal damages by sub-limits: (according to policy conditions)
- Legal defense: (according to policy conditions)
Beyond the coverage provided for in the previous insurance, the lessee will be personally and directly responsible for any responsibilities of any kind, (including economic) that may occur due to the cause, consequence or reason for the use of the leased vessel while it is in its power, that is, from the time it is made available until the end of the lease, or, where appropriate, until its effective return to the lessor.
In any case, the responsibilities of any kind that the lessee may incur will be covered, in the first place, with the deposit deposited, preferentially to insurance coverage, which will only be applicable when the deposit deposited is not enough to cover the full responsibility of the renter. Consequently, having detected any liability for which the lessee must respond, the lessor is empowered to retain the deposit deposited in the amount necessary to meet the aforementioned responsibilities.
8. NAVIGATION LIMITS
The skipper authorized to govern the boat is responsible, at all times, for what happens during the time the rental is valid. You must respect all navigation regulations, as well as those referring to the Maro-Cerro Gordo Natural Park.
The leased vessel may only navigate by sea at a maximum distance established by the current certificate of navigability of the vessel itself. Likewise, navigation by sea is limited to the jurisdictional waters of Spain, it is expressly prohibited to disembark on the coasts of Morocco. In no case may the boat navigate outside the limits established for the skipper who governs the ship in accordance with his nautical license or those set by current legislation.
8.1. Never exceed the signaling buoys for bathers or entering the water street, any incident or fine for failing to comply with this point will always be the responsibility of the lessee
8.2. With the delivery of the boat, the lessor will deliver, together with the key, a document in which all the natural or special places in which it will be prohibited to anchor the boat, transit, for which the lessee, in case of non-compliance with said regulations, is responsible for any sanctions or warnings that fall on the boat on the days of lease.
9. USES OF THE BOAT
The subletting or assignment of the leased vessel is totally prohibited.
The lessee undertakes not to transport a number of people in the boat greater than the authorized places.
The lessee undertakes to use the boat with the diligence of a good navigator, respecting the common navigation rules, as well as those established or given by the competent authority, responding for any breach thereof.
The lessee undertakes to remain or go to the port in the event of a weather report announcing danger. Likewise, he undertakes not to leave the boat, at any time, without adequate surveillance on board.
It is the lessee's obligation to complete and pay for customs and port procedures and expenses.
The lessee will regularly inform the lessor of the situation of the boat.
Notwithstanding the foregoing, the lessee will promptly inform the lessor of any incidents that have occurred on the journey: especially those that may affect the safety and maintenance of the boat and the contacts that may occur with the fund.
Any type of sport or aquatic activity accessory to the boat or added to it (only damage to third parties will be covered) never to those carried out by the activity or use and enjoyment of it. Damage to a third party is only covered when no action is taken, intentionally or negligently. So when the activity does not cause damage to third parties.
1. Cancellation due to bad weather
In the event that the weather conditions are adverse and prevent the contracted departure from being held on one of our boats, we will act as follows:
1. We will look for an alternative date
The most logical option would be to try to find an alternative date.
The change of date or time does not imply any reduction in the rate or conditions of the contract unless the period of time of the reservation is reduced. In this case, the new rate corresponding to the new duration of the trip would be applied.
In no case can it be decided to shorten the departure on the fly, once it has started, meaning this in a reduction of the rate.
2. Return of the total of the advances delivered
In the event that weather conditions prevent the reservation from being held and we cannot find an alternative date, the total amounts paid in advance will be refunded, discounting 3% if the payment has been made through the web platform. for management expenses. The refund will be made in the same payment method of the reservation, unless otherwise stated.
3. What do we consider adverse weather conditions?
Adverse weather conditions are those that either prevent the ship from leaving the port or prevent the departure from being carried out with full guarantees of safety and comfort for our clients. Come on, what we want is for you to spend an unforgettable day on board, but unforgettable “because it is good”, not “because it is bad”.
EXAMPLES OF ADVERSE WEATHER CONDITIONS
- Forecast of strong waves.
- Strong wind forecast.
- Heavy rain forecast for a period of time greater than 20% of the total duration of the excursion.
EXAMPLES OF WEATHER CONDITIONS THAT ARE NOT ADVERSE FOR NAVIGATION
- There is a forecast that it will be cloudy or there will be little sun.
- There is a possibility of light rains during a period of less than 20% of the total excursion.
- We are cold because the temperature is not as expected on the day of departure.
- First of all we will apply common sense
From Enjoy Boat we will apply common sense above all. In no case will we force the departure to take place on a day when our clients are not going to enjoy our boats to the fullest, showing the greatest possible flexibility in terms of itineraries, schedules and boats.
2. Cancellation policy by the client
The tenant may cancel the reservation at any time up to 7 days prior to the start of the reservation, thus being eligible for a refund of the payment made previously, deducting 3% from the amount paid through the web platform, as management expenses. To cancel a reservation you must call the Management department by phone: +34 642 00 96 16.