Bootsvermietung mit Skipper Mallorca, Charter-Touren Palma

Conditions

GENERAL TERMS AND CONDITIONS OF BUSINESS FOR YACHT CHARTER

Purpose

These general terms and conditions for yacht charter (hereinafter: conditions) regulate the mutual rights and obligations in connection with accommodation on the ship - yacht charter.

Contracting parties

The charter contract is concluded between the customer who chartered the ship ( Customer ”), the agency agent who represents the customer (“ Agency ”), the owner of the yacht, represented by MARITIM BOAT, Matias Casares (The Company).

Booking confirmation

The booking intent is confirmed by the customer if the prepayment is paid by the customer becomes. The booking will be confirmed by the company when the full amount of the advance payment has been received in the company account and a booking confirmation has been issued to the customer or the agency.

Payment methods

After the yacht charter reservation has been agreed, which is only effective in writing, the payment will be made subsequently Calculation:

- 30% for prepayment at the time of yacht reservation

- 70% before the start of the rental, at the latest 4 days before the yacht charter.

All payments must be made in accordance with the payment instructions listed in the pro forma invoice that the company has sent to either the client or the agency. The ship charter tour can only be started or. If the ship is rented without a skipper, the ship can only be taken over after the entire amount for the yacht charter and all contractually agreed additional services have been fully settled. If either the advance payment or the final payment has not been paid in full by the above-mentioned deadlines, the company is entitled to cancel the booking of the ship without a refund to the customer.

Rental price for the yacht charter including skipper

The price for yacht charter includes the following: that Ship, the skipper, who is equipped according to the currently valid inventory list, as well as the basic charter services usual at the time of delivery of the ship (check-in / check-out).

The yacht charter price does not include additional services such as food and beverages, fuel, costs for the services and berths of the marina, port fees, taxes, tickets for parks or other additional services that are not expressly included in the ship's equipment list. If the yacht charter starts and / or ends in a different port (a port other than the Marina Maritim Club San Antonio de la Plya, which is the home port of the ship), the customer acknowledges that all mooring fees of the alternative ports (marina) apply , are not included in the yacht charter price and that the customer has to pay the corresponding berth fees in the alternative port in addition to a one-off fee or a port change fee according to the current price list of the company.

Additional lines

extras are additional services and additional equipment for which an additional payment (hereinafter : Extras) according to the effective price list should be requested by the customer and agreed before the booking confirmation. The customer can also request the addition of certain extras after the booking confirmation.

The company will endeavor to provide the newly requested extras to the customer's satisfaction and to inform the customer whether it is possible to update the booking with the requested new extras or not. The customer acknowledges that the company is not obliged at this time to provide newly requested extras. All extras must be confirmed in writing by both sides at least 4 days before the start of the charter date.

Crew list and arrival details

The customer must send a correctly filled crew list at least 4 days before the first charter day. The customer agrees that he is the main contractual partner of the company and that the customer is responsible for the other guests on board. In addition, it is recommended to send an expected arrival time at least 4 days before the first charter day so that the basic staff can organize the check-in process as smoothly as possible. The customer is responsible for the accuracy of the information provided on the crew list and for the validity of all passports, visas, licenses and other identification documents.

Cancellation by the customer

If the charter of the booked ship is canceled by the customer for any reason, the customer is obliged to: To inform the company immediately via email about the cancellation. The customer will be charged the cancellation amounting to:

- up to 30% of the full rental price if the cancellation is made up to 10 calendar days before the start of the rental

- up to 100% of the full rental price, if the cancellation is made less than 10 calendar days before the start of the rental, the date of receipt of the written cancellation notification is the basis for payment of the stated cancellation fees.

If, in exceptional cases, the yacht charter booking is canceled due to force majeure, i.e. objective serious reasons that have been stated and proven by the customer (death in the immediate family, serious poor health, serious accident, etc.), the company can enable the customer to: use the amount already paid as prepayment for the next booking within one year.

If the customer does not come to check-in (no-show) at the start of the charter, the 100% cancellation fee applies (forfeiture of the rental price for the charter), the customer is not entitled to reimbursement.

Cancellation by the company

If the booking is canceled by the company, this offers Do the following to the customer:

a) Reservation of another ship from their own fleet or from another fleet of similar size and with similar characteristics, if possible. If the new ship is cheaper than the originally booked ship, the company will reimburse the difference in price according to the current price lists of both ships, using the same discounts that the customer was approved for the original booking. In general, these conditions apply mutatis mutandis to the new ship.

b) The customer acknowledges that the company in the event of serious damage to the ship during the previous charter or due to events such as Force majeure is not objectively guilty. Therefore, the customer strives to be cooperative to find a suitable alternative solution. Under the circumstances, the customer will receive a full refund of all amounts that the company has received from the customer for the charter.

Deposit

Before entering the ship (charter), the customer must make a deposit (hereinafter: deposit) in the amount of the company's current price list deposit. The deposit can be paid either in cash or with one of the credit cards accepted by the company. After the yacht charter has been completed, the entire deposit will be returned to the customer, unless the customer's petrol costs are still outstanding, ship damage or equipment losses have occurred for which the customer is responsible or the crew. If damage has occurred to the ship for which the customer is responsible, the deposit will be partially or fully withheld depending on the size of the damage:

- In the event of major damage, the deposit will be fully retained and the customer has no right to reimbursement.

- In the event of less damage, the company will retain the amount required to repair and purchase damaged or lost equipment plus an additional EUR 100 processing fee, while the rest of the deposit will be refunded to the customer.

- In the event that the ship is unable to drive to the next charter due to the damage caused by the customer, the full deposit will always be retained, as the company has costs related to the remuneration of the next Customer.

Risk of yacht use and insurance

The customer accepts all risks associated with the yacht charter and all possible damages that may arise for the customer and / or crew members due to the use of the yacht.

In particular, the customer assumes sole responsibility for the use of the yacht and waives any responsibility of the company, even in situations such as possible accidents and injuries to the customer and / or crew members, regardless of the reason for their occurrence, any damage to the customer's personal belongings and / or the crew members, as well as situations in which the items are missing or lost either during the yacht charter or after the yacht has been checked out.

The ship is hull insured and has the appropriate insurance policies against personal injury and third party damage.

The insurance does not cover damage to personal property and property of the customer brought into the ship, damage caused intentionally or damage caused by the customer's lack of care.

Charter of the ship / check-in

The customer is obliged to to give the company's representative a verified voucher with all customer data and the charter date when chartering the ship. In addition, identification documents (e.g. passports) of all guests on board must be presented for a renewed review of the crew list. The ship takes up the charter with full fuel and water tank.

Takeover of the ship / check-in (only applies to customer charters with their own skipper)

For customer charters with their own skipper, the customer is obliged to represent the company to give a verified voucher with all customer data and the charter date when chartering the ship and also to give an insight into the original document of the skipper's license. In addition, identification documents (e.g. passports) of all guests on board must be presented for a renewed review of the crew list. When taking over the ship, the customer checks the inventory with the company's representative and confirms the condition of the delivered ship with his signature.

The same procedure is carried out with instruments on board. Any subsequent complaints from the customer will not be accepted if the customer confirms that the ship is in order and the equipment of the ship is complete and in order. Possible hidden faults and the lack of equipment, which the company knew nothing about when the ship was taken over, do not entitle the customer to request the charter price deduction.

The ship must be delivered with full fuel and water tank and returned with full fuel to the charter base in the same condition.

Return of the ship / check-out

When leaving the ship and re-checking the ship according to the inventory, the fuel tank must also be checked. At the end of the charter, the ship's fuel tank is filled up again with fuel before it is docked. The customer pays the fuel used according to the receipt. The customer also pays for damage to the ship as described in these terms and conditions if damage is found during the inspection of the ship as described in the "Deposit" section. Otherwise, the entire deposit will be returned to the customer if the ship is in good condition.

Return of the ship / check-out (only applies to customer charters with their own skipper)

When returning the ship and re-checking the ship according to the The fuel tank must also be checked in the inventory. The customer also pays for damage to the ship as described in these terms and conditions if damage is found during the inspection of the ship as described in the "Deposit" section. Otherwise, the entire deposit will be returned to the customer if the ship is returned in good condition with a full fuel and water tank.

Should the customer return the ship to a port that is not specified as the destination port in the contract, the customer must pay all costs for the transport of the ship to the destination port including all remuneration costs for the next customer of the ship. plus penalty fee of EUR 300.

Damage to the yacht charter

If damage occurs during the yacht charter that is rectified within 24 hours after the customer has been notified to the company, the customer has no right to reimbursement.

However, if the repair of the damage took more than 24 hours and the damage was so severe that the customer could not use the ship in the meantime, he can request a prorated refund for that period.

A refund can only be made if the damage was the responsibility of the company, e.g. improper maintenance, which is below industry standards. If the damage could not be repaired on site and an immediate return to the charter base was required, the repair should primarily be organized so that the ship can be repaired in time for the next customers. The lost days will only be reimbursed if the damage was caused by the company. Otherwise, the customer cannot expect reimbursement of the stated costs and is obliged to bear additional costs for the search for a new ship. If serious damage, engine problems, ship loss, personal injury and similar incidents occur, the customer is obliged to inform the company immediately and from other parties (e.g. port authority, official protocols and certificates of the incident, an official protocol and a certificate to obtain). Doctor, authorized expert, etc.). Damages that have not been reported and for which no logs have been recorded are considered to be due to negligence on the part of the customer and in this case must be paid by the customer.

Complaints

Complaints will only be accepted in writing on the day the ship is taken over (check-in). They must be signed by the customer and the company's representative. The complaints are resolved in the following ways: - In the event of a cleanliness complaint, the company examines the problem and, if the complaint is justified, organizes additional cleaning activities to remedy the problem. In the event of such complaints, no financial reimbursement will be made.

- In the event of minor reported defects or damage that do not seriously affect navigation safety, the company will investigate the problem and, if the complaint is warranted, will organize all reasonable activities to remedy the problem. The customer acknowledges that, despite all the team's efforts, the problem may not be resolved for a specific period of time for objective reasons. In general, no financial reimbursement is given for such minor issues.

- For major reported defects or damage that seriously compromise navigation safety, the company will examine the issue and, if the complaint is warranted, will do everything possible to resolve the issue as soon as possible possible to fix. Depending on the time it takes to resolve the problem, the customer will be compensated according to the relevant provisions of these terms.

- In the event of serious problems that could not be objectively noticed at check-in, but were properly reported in accordance with the "Damage during the yacht charter" section, the customer can request compensation at the latest at check-out. On this occasion, he should submit a written complaint signed by both parties with all the associated documents. If the customer's complaint has been reported, but could not be resolved upon check out, it should be resent in writing within 14 days, otherwise it will not be considered. The company will analyze the complaint received and try to resolve it in a timely and fair manner. The company will provide an official response to the customer as soon as possible and no later than 30 days after receipt of the complaint.

Place of jurisdiction

The parties will endeavor to resolve disputes in a peaceful manner. If the parties cannot reach an agreement between themselves, the court in Palma de Mallorca, Balearic Islands, is responsible for the disputes.