Boat rental with licence – Pacific Craft Open 625 – from the Port of Addaia (with or without professional skipper)

GENERAL TERMS AND CONDITIONS AND HIRE AGREEMENT – LICENSED BOAT

On the one hand, the company Creuers Costa Nord S.L., Tax ID B-16506529, with registered address at Calle del Roser nº 14 (07760 Ciutadella de Menorca), hereinafter the OWNER, and on the other hand, the person whose details appear on the attached booking form and who signs this document, hereinafter the HIRER. Both parties acknowledge that they have sufficient legal capacity to enter into this agreement and freely agree as follows:

• The OWNER is the owner of the licensed boats offered for hire, as well as the equipment related to the activity.
• Having agreed the hire of the said boat, the parties formalise their agreement by means of this contract, which shall be governed by the following clauses.

1 – Subject of the agreement

The OWNER agrees to provide the boat subject to hire and the HIRER agrees to take the boat on hire, both parties acting in good faith.

2 – Accuracy of information

Any false statement or concealment of relevant information by the HIRER may result in immediate cancellation of the agreement, and the HIRER shall forfeit any sums paid.

3 – Booking and confirmation

The booking shall be confirmed once the relevant payment has been received, provided it is made before the date and time stated in the booking.

4 – Payment, security deposit and payment method

Before the boat is handed over, the OWNER must have received the full hire fee.

Where the hire is carried out without a professional skipper, a security deposit of €600 will be required.

• The deposit may be paid in cash, or by pre-authorisation/hold of the amount on a credit or debit card.
• The deposit will be refunded (or the hold released) once the hire has ended and the boat has been checked, provided there is no damage, loss, fines/penalties or outstanding amounts.

Note: If the professional skipper service is contracted, neither the deposit nor a nautical qualification/licence will be required. Only an identity document will be requested to formalise the agreement.

5 – Cancellations and changes

• The customer may cancel the booking up to 24 hours before the booked time, with a full refund using the same payment method, or request a change of date (subject to availability).
• With less than 24 hours’ notice, cancellation will incur a charge of 100% of the amount paid.
• The company reserves the right to cancel or amend the booking for weather or safety reasons. In such case, a change of date or refund will be offered as applicable.

6 – Handover, condition and substitution

The OWNER undertakes to hand over the boat in perfect working order at the agreed place, date and time. In the event of force majeure (including breakdown) preventing handover, the OWNER shall inform the HIRER as soon as possible and will endeavour to offer an equivalent boat. If this is not possible, all sums paid will be refunded, and the HIRER shall have no right to claim any additional compensation.

7 – Inventory and insurance

At handover, the HIRER will receive an inventory of the equipment provided for acceptance. Basic information regarding the boat’s current insurance policy will also be provided.

8 – Responsible use

The HIRER undertakes to use and care for the boat and its accessories in accordance with good seamanship, avoiding loss, accidents or damage. Use under the influence of alcohol, drugs or any substance which may impair ability is prohibited.

9 – Breakdowns, incidents and assistance

In the event of a breakdown or incident, the HIRER must contact the OWNER as soon as possible and follow the instructions provided. If the issue is not attributable to misuse and cannot be resolved within a reasonable time, the OWNER will refund the pro-rata portion of the hire not enjoyed, with no entitlement to any further claim for loss or damage.

10 – Insurance

The boat is insured for accidents and third-party liability, subject to the limitations and exclusions set out in the policy.

11 – Liability in the event of an accident

In the event of an accident, if the insurer does not cover, in whole or in part, any damage, costs or liabilities for any reason, the HIRER shall be responsible for such amounts and expressly releases the OWNER from liability.

12 – Punctuality and return

Late return of the boat on the agreed day and time will incur a charge of €50 for each 15 minutes of delay. The boat must be returned to the agreed location. Leaving the boat in a different location will result in payment of the costs and any losses incurred.

13 – Children on board

If children will be on board, this must be notified in advance so that appropriately sized lifejackets can be provided.

14 – Inspection and sign-off

At the agreed return time, all passengers and belongings must have disembarked, leaving the boat ready for inspection. Both parties will sign the inspection document. In case of discrepancies, the OWNER may retain the deposit until the matter is resolved.

15 – Costs and extras

Provisioning, mooring fees and any other extras (where applicable) shall be paid by the HIRER. Fuel is not included in the hire fee and will be charged on return once the boat has been handed back and the litres used have been calculated.

16 – Prohibited items/activities

It is prohibited to take on board weapons, narcotics, contraband, goods, paying passengers and animals, and to participate in regattas, commercial fishing or any activity prohibited under applicable law.

17 – No sub-hire and maximum capacity

Subcontracting or sub-hire is not permitted. The HIRER shall use the boat only for themselves, family or friends, and shall not exceed the maximum capacity authorised for the boat under any circumstances.

18 – Regulations and fines

The HIRER is responsible for compliance with all applicable maritime regulations. Any fines or penalties arising from the use of the boat during the hire period shall be paid by the HIRER. If the boat is detained due to a cause attributable to the HIRER and cannot be returned on the scheduled date, the late-return charges stated in clause 12 shall apply.

19 – Jurisdiction

The parties submit to the jurisdiction of the Courts and Tribunals of Mahón for any dispute arising from this agreement.

20 – Acceptance

Signature of this document constitutes acceptance of the specific and general terms described herein and in the attached booking form. The HIRER declares that they have read, understood and accepted the contents of the agreement and are aware of the applicable general and local maritime regulations.

21 – Posidonia Decree (Balearic Islands)

Decree 25/2018 of 27 July, regarding the conservation of Posidonia oceanica in the Balearic Islands, generally prohibits anchoring on posidonia. The HIRER declares that they have been informed of these rules and accepts responsibility before the competent authorities for any breach.

Official information on Posidonia

22 – Surcharges and penalties for damage or breach

The following amounts may be charged in the event of damage, breakage or breach during the hire:

• Damage and/or breakage to anchor and/or chain: €100
• Sun pads and/or canopy: €200
• Late return: €50 / 15 minutes
• Damage and/or breakage to the engine propeller: €200
• Damage to the hull (structure) of the boat or punctures to the tubes (inflatable boats): minimum €350 or the actual repair cost if higher

Data Protection

In accordance with Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018, the customer is informed that their data will be processed by Creuers Costa Nord S.L. for the purpose of managing the booking and the commercial relationship, and will not be shared with third parties unless required by law. The customer may exercise their rights by contacting info@menorcanord.com.

Thank you for looking after our boats.