By means of this document are established the General Conditions of Contract applicable to the provision of the service of Boat Rental (hereinafter, General Conditions of Service) by Enjoy Boat S.L (hereinafter Enjoy Boat), with NIF B93600989 and registered office in Puerto de Caleta (In front of Muelle D) Postal Code 29.751 Caleta de Velez Velez - Malaga (Malaga), to individuals and / or legal entities (hereinafter, contracting party or lessee) who express their willingness to hire 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.

CONTRACTUAL INFORMATION AND DOCUMENTATION

Acceptance of the contracting person:

These General Terms and Conditions of Service are permanently displayed on the enjoyboat.net website (hereinafter referred to as the "Website"), and all users may file them, print them and, therefore, be previously informed of the conditions of the service, characteristics, rights and, in general, of all the conditions under which the service will be provided. Likewise, these General Conditions of Service are reiterated by means of a link indicating "I accept the General Conditions"- each time a specific service request (purchase) is made through the Web Site.

The Contracting Party, when booking the service, tacitly accepts these conditions and gives his express and unreserved consent for Enjoy Boat to carry out the necessary collection operations for the acquisition of the services he hires. Therefore, the Contracting Party gives his consent expressly authorizing Enjoy Boat to make the collections in the payment methods that he himself introduces and, therefore, the operations are considered authorized for the purposes of the regulations on payment services.

The present General Conditions of the Service together with the specific request made through the website by the Contracting Party - Particular Conditions - imply the formalization of the Service Contract (hereinafter, the Contract) between Enjoy Boat and the contracting party who declares to be of legal age, to have sufficient capacity to contract and to have read, understood and accepted the present Conditions. Enjoy Boat, at the time of the 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 order form implies the confirmation that the effective contracting has taken place.

Any subsequent modification of these General Terms and Conditions of Service or of the General Terms and Conditions of Contract shall be notified to the Contracting Party by e-mail. All of the above documentation may be printed out and filed by the contracting party, who may request it at any time from Customer Service by sending an e-mail to enjoyboat@hotmail.com or by telephone at +34 642 00 96 16.

Any request for information, or claim that is deemed relevant, may be raised to Customer Service at the addresses identified in the preceding paragraph. After receiving a request or complaint by any of the means indicated in the preceding paragraph, Enjoy Boat will analyze the case raised by the user and will provide an answer as soon as possible, which in any case will not exceed fifteen (15) days from the day after Enjoy Boat receives the request or complaint.

The contracting of Enjoy Boat's services necessarily implies the acceptance of its Privacy Policy and the General Conditions of access and use of the enjoyboat.net website, consenting to the processing of data in the terms described in both legal texts.

2. OBJECT

The object of this rental contract is the vessel reserved by means of the reservation form, once the relevant payment is made, and in accordance with the particular conditions of said vessel, such as: maximum number of crew members, day and time of the reservation, extras contracted, etc.

3. DURATION, PORT OF DEPARTURE AND ARRIVAL

The lessee shall return the vessel to the port where it is delivered on the day and time set for the termination of the lease.

4. PRICE AND DEPOSIT

The 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 rental of the boat.

At the time the boat is made available to the lessee, the lessee shall deliver to the lessor the amount of 500 euros, as a Deposit, to respond to the responsibilities that may be incurred in connection with the lease. The deposit for PER titled boats can be up to 1500 euros. It must be consulted in the section Deposit: of each boat.

This deposit shall be paid in cash, by certified check or transfer prior to boarding and shall be returned as soon as possible to the lessee, after verification of the absence of liabilities to which it may be affected. The deposit is not returned at disembarkation, but as soon as possible, as soon as the boat can be checked.

Any default by the lessee in the payment of the price or the deposit of the security deposit within the agreed terms and deadlines shall automatically determine the ineffectiveness of the contract, without prejudice to which the amounts that the lessee may have paid at the time of default shall remain the property of the lessor as damages.

5. DOCUMENTATION

Prior to the start of the shipment, the lessee must submit the following documentation to the lessor:

Failure to deliver any of the above documents within the specified period shall render the contract ineffective, notwithstanding which the amounts delivered up to that time by the lessee shall remain the property of the lessor.

6. PROVISION OF THE LEASED VESSEL

The lessor undertakes to make available to the lessee the leased vessel on the day, time and place and for the period specified in the reservation, ready to sail, fully fueled and equipped with the equipment, gear and tackle detailed in the inventory annexed to the physical contract, all of them in good working order.

If for reasons beyond the lessor's control, the lessor is unable to make available to the lessee the leased boat or other similar on the agreed date, the lessor shall bear the termination of the contract with full refund of the price received, plus an indemnity of 10% of the amount for damages. This indemnity is agreed as a maximum limit of liability of the lessor, which will be fully 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 available the leased boat or other similar.

When the vessel is made available, the lessor and the lessee jointly check the correct functioning of the technical and mechanical elements, as well as the good condition of the equipment, gear and equipment. The lessee shall sign his agreement in this respect. Once the vessel has been placed at the disposal of the lessee, the latter shall not be entitled to any type of compensation, nor to a partial refund of the price, even if due to breakdown or fortuitous event he is unable to carry out the planned voyage, regardless of the time at which this circumstance occurs.

Once the boat is at your disposal in the water, the lessee will have a period of 15 minutes for the cancellation of this lease, so that, after the first 15 minutes from the availability of the boat in the water, the lessee may not REQUEST the return of the contracted service. Not being caused by the physical condition of the passengers, crew member of the rented boat, i.e. DIZZINESS, DISCOMFORT, ETC. After the first 15 minutes of putting the boat at the disposal of the lessee in the water, you can not request the return of the contracted service.

7. INSURANCE

The leased vessel has the following insurances:

Beyond the coverage provided for in the above insurance policies, the lessee shall be personally and directly liable for all liabilities of any kind (including economic) that may arise as a result of the use of the leased vessel while it is in his possession, i.e. from the time it is made available until the end of the lease, or if applicable, until its effective return to the lessor.

In any case, the responsibilities of any kind in which the lessee may incur will be covered, in the first place, with the deposited deposit, in preference to the insurance coverage, which will only be applicable when the deposited deposit is not sufficient to cover the total responsibility of the lessee. Consequently, upon detection of any liability for which the lessee is responsible, the lessor shall be entitled to retain the deposit in the amount necessary to cover the aforementioned liabilities.

8. NAVIGATION LIMITS

The skipper authorized to govern the boat is responsible, at all times, for what happens during the time that the rental is in force. He/she must respect all the navigation rules, as well as those related to the Natural Park of Maro-Cerro Gordo.

The rented vessel may only navigate by sea up to a maximum distance indicated in the certificate of seaworthiness of the vessel itself in force. Likewise, navigation by sea is limited to Spanish jurisdictional waters and it is expressly forbidden to disembark on the coasts of Morocco. In no case the boat will be able to navigate outside the limits established for the pattern that governs the ship in accordance with its nautical qualification or those fixed by the effective legislation.

8.1. Never exceed the buoys of signaling for bathers or entry into water street, any incident or fine for breach of this point, will always be borne by the lessee.

8.2. With the delivery of the boat, the lessor shall deliver together with the key, a document in which all the natural or special places in which it will be forbidden to anchor the boat, transit, so that the lessee, in case of breach of these rules, is responsible for any penalties or warnings that fall on the boat on the days of rental.

9. USES OF THE VESSEL

The subletting or transfer of the leased vessel is strictly forbidden.

The lessee undertakes not to transport on the boat a number of persons in excess of the authorized number of seats.

The lessee undertakes to use the vessel with the diligence of a good navigator, respecting the common rules of navigation, as well as those established or issued by the competent authority, being liable for any breach thereof.

The lessee undertakes to stay or go to port in case of a weather report announcing danger. He also undertakes not to leave the boat, at any time, without proper supervision on board.

It is the lessee's obligation to complete and pay customs and port formalities and expenses.

The lessee shall regularly inform the lessor of the status of the vessel.

Notwithstanding the foregoing, the lessee shall promptly inform the lessor of any incidents that have occurred during the voyage: especially those that may affect the safety and maintenance of the boat and the contacts that may occur with the bottom.

Any type of sport or aquatic activity accessory to the boat or added to the same (only damage to third parties will be covered) never to the own damage caused by the activity or use and enjoyment of the same. Damage to third parties is only covered when not acting with intent or negligence. Thus, when the activity does not cause damage to third parties.

10. CANCELLATION

1. Cancellation due to bad weather

In the event of adverse weather conditions that prevent us from holding the contracted outing 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 departure time will be applied.

In no case may the departure be shortened on the fly, once it has begun, meaning a reduction in the fare.

2. Repayment of the total amount of the advance payments made

In the event that weather conditions prevent the celebration of the reservation and we cannot find an alternative date, the total amount paid in advance will be refunded, deducting 3% if the payment has been made through the web platform, as a management fee. The refund will be made in the same method of payment of the reservation, unless otherwise informed.

3. What do we consider adverse weather conditions?

Adverse weather conditions are those that either prevent the boat from leaving the port or make the departure not be carried out with full guarantees of safety and comfort for our customers. What we want is for you to have an unforgettable day on board, but unforgettable "because it is good", not "because it is bad".

EXAMPLES OF ADVERSE WEATHER CONDITIONS

EXAMPLES OF WEATHER CONDITIONS THAT ARE NOT ADVERSE FOR NAVIGATION

From Enjoy Boat we will apply above all common sense. In no case we will force the realization of the departure on a day in which our customers will not enjoy the most of our boats, showing the greatest possible flexibility in terms of itineraries, schedules and boats.

2. Customer cancellation policy

The lessee may cancel the reservation at any time up to 7 days prior to the start of the same, thus being eligible for reimbursement of the payment made previously, deducting 3% of the amount paid through the web platform, as management fees. To cancel a reservation you must call by phone to the Management Department: +34 642 00 96 16.