GENERAL TERMS AND CONDITIONS OF THE NAUTICAL LEASE AGREEMENT SHIP “CASA NOSTRE”
For the purposes of these General Conditions, the following definitions are established:
– Renter: Person who hires the cruise.
– Landlord: Owner of the pleasure craft.
– Ship: Recreational Ship called “CASA NOSTRE”
– Passengers: Guests of the Lessee, including in this category the Lessee.
2.- LEGAL REGULATION OF THE CRUISE CONTRACT
These General Conditions apply to the Spanish legislation and in particular to the Athens Convention of 13 December 1974 on the Carriage of Passengers and their Luggage by Sea and its amendments contained in the Protocol of 1 November 2002 , as well as in the Law 14/2014, of Maritime Navigation, of July 24.
3.- ACCEPTANCE OF CONDITIONS
Regardless of whether signed or not, these General Conditions are deemed to be accepted and will be fully applicable.
4.- PRICE OF THE CRUISE
- a) The price of the Lease of the Ship will be that stipulated in the confirmation of accepted reservation.
- b) Services included: The benefits included in this Lease that are included in the brochure / program and in the accepted reservation confirmation. Also included are breakfast, lunch and dinner as stated in the reservation. Also, the applicable VAT is included when paying the entire price.
- c) The following items are excluded from the price:
- The rates of ports of entry and exit, of boarding and disembarking, and any other that may accrue on the occasion of the Lease.
- Extras of food, wine and spirits outside of what is included in the reservation confirmation accepted.
iii. Any expenses incurred by the LESSEE and the rest of the passengers outside the vessel, including transportation, meals, etc.
- d) Price review: The prices of the reserve have been calculated taking into account the current prices of moorings, fuel costs, exchange rates, etc. Any variation in the prices of such elements or of any other element may lead to a revision of the final price of the lease, even if the price has already been paid in full. These modifications will be communicated to the LESSEE in writing or by any means that will allow to have a record of the communication made. In any case, the price can not be revised in the 20 days immediately preceding the start of the trip (article 157 TRLDCU).
- e) Special offers: The Company / ARRENDER reserves the right to make special offers other than those stated in the brochure or on the website.
- f) Method of payment: An amount equivalent to 50% of the rental price will be paid at the time of booking. The rest of the price will be paid in the 40 days prior to the Lease.
5.- PURPOSE OF THE CONTRACT
That the LESSOR is the owner of the Recreational Boat OBJECT OF LEASE, which has the following characteristics:
Name: CASA NOSTRE.
Registration: 6 PM-1-36-14.
Maximum number of people to embark: 12 people.
Attached to this contract is ANNEX I, a reserve document which determines the particular conditions of the present lease.
6.- DELIVERY AND RETURN OF THE VESSEL
The delivery and return of the vessel object of this contract will be done as stated in the reservation document.
The navigation zone provided shall be that determined in the reserve area.
At the time fixed for the return of the ship, the personnel and their luggage must be landed, leaving the vessel ready for review by the LESSOR who will initially hear the Captain’s report. Subsequently, both parties will proceed to the signature of the revision document with the conformity or any repairs that may exist.
The LESSOR undertakes to deliver the boat in perfect working order and clean at the place date and time stated in the reservation document ready to sail and with full water and fuel tanks.
At the time of delivery of the Vessel, the LESSEE shall receive from the LESSOR the inventory with the details of the equipment and gear with which the Vessel has been given, which is given to it to give its agreement or repairs to it. In the same way, the general and specific conditions of the insurance policy available to the ship will be delivered to you.
The Ship will be delivered to the port indicated in the reservation document. The delay in the withdrawal of the vessel by the LESSEE for cause attributable to the same, will not determine the extension of the term of lease.
If for reasons of force majeure it was impossible to navigate, the shipowner would make an effort to change the day of departure to another day that would be available.
RETURN OF THE VESSEL
The LESSEE shall return the Vessel in the Port indicated in the reservation document free of any debt that the LESSEE incurred during the period established in this contract and in the same conditions of good condition in which the Ship was when it was delivered .
However, the LESSEE may, if it wishes, return or deliver the vessel before the scheduled date for the end of the contract. This will not entitle the LESSEE to be able to claim any type of refund or compensation on the amount paid.
The LESSOR shall provide a suitably qualified Captain and an adequate and experienced crew, duly uniformed and insured.
The LESSOR shall ensure that both the Captain and the Crew complies with current legislation and current regulations.
The LESSOR shall ensure that the Captain shows the LESSEE the same attention as if he / she were the LESSOR. The Captain shall comply with all orders reasonably given by the LESSEE regarding the administration, operation and movement of the Vessel, as long as the wind, weather conditions and other circumstances permit. Likewise, the LESSEE and all the passengers will be subject to the authority of the Captain, and especially in everything related to the safety of the ship and navigation.
The Captain shall not be obliged to comply with any order that in his reasonable opinion may result in the ship moving to a port or place that is not safe and suitable for the port, or that causes the LESSEE not to deliver the vessel within of the date of expiration of this contract or that may breach clauses 12 and 13 of this Leasing Agreement.
If the LESSEE or any of the other persons on board the vessel fail to comply with the terms of this Leasing Agreement, and in case the Captain has informed of such breach, either verbally or in writing to the LESSEE, the Captain shall inform this situation to the LESSOR who may cancel this Lease Contract or instruct the Captain to return the Ship to the Port of Return.
The Captain, in accordance with legal provisions and International Treaties, has full powers to assist and tow other ships, to deviate from the intended route, to make stops at any port, to tranship other passengers and luggage, to refuse the embarkation of those who his judgment does not meet the necessary health conditions to make the cruise, as well as to minors who do not comply with the provisions of clause (c) of clause 11, disembarking during the cruise who in their judgment is in health conditions that they do not allow the continuation of the cruise, or, in general, who may represent a danger to the safety of the ship or passengers, all passengers being subject to the authority of the Captain, and especially in all matters relating to the safety of the ship and navigation, without giving rise to restitution in favor of the passenger.
8.- DELAY IN SHIP DELIVERY AND CANCELLATION
DELAY IN DELIVERY
- a) If for reasons of force majeure the LESSER fails to deliver the VESSEL to the LESSEE at the port of delivery on the established day and the same is done within the next twenty-four (24) hours, the LESSOR shall deliver to the LESSEE a payment of part of the price of the Lease Agreement, for a daily pro rata or, if mutually agreed upon, the LESSOR shall allow, on a pro rata basis, an extension of the period provided for in the Lease Agreement.
- b) If for reasons of force majeure the LESSOR is delayed in the delivery of the ship is more than forty eight (48) hours, the LESSEE shall be entitled to consider this Lease as canceled. In this case, the LESSEE shall be returned to the total amount that he has delivered to the LESSOR.
- c) If the LESSOR fails to deliver the Ship in the expected Port of delivery for any reason other than force majeure and the delay is more than twenty-four (24) hours, the LESSEE shall be entitled to consider this Contract of Lease as resolved. The LESSEE shall then have the right to be paid, without interest, the total amount or quantities delivered and shall, in addition, be indemnified by the LESSOR with an amount of 5% of the total travel as a substitution penalty of the compensation for damages.
If the delay in the delivery of the Vessel was equal to or less than twenty-four (24) hours, the LESSEE shall be entitled to the payment by the LESSOR of an amount of 5% of the total of the trip as a substitution penalty of the compensation of damages .
In the event that the LESSER cancels or cancels the Lease Agreement for causes other than those of force majeure and the LESSEE is entitled to be compensated, the compensation for damages shall be calculated according to the following scale:
- i) More than fourteen (14) days, but less than one month prior to Shipment, an amount equivalent to two percent (2%) of the Price of the Nautical Lease Agreement or Quantities delivered to date.
- ii) Less than fourteen (14) days prior to Shipment, an amount equivalent to four percent (4%) of the Price of the Nautical Lease Agreement or Quantities delivered to date.
9.- DELAY IN THE RETURN OF THE VESSEL
In the event that the delay in the return of the vessel is caused by fault of the LESSEE, the LESSEE is bound to:
Pay twice the amount of the corresponding Lease for each day of delay.
To take charge of all the expenses that cause such delay, both for the LESSOR and for the following LESSORS or Users of the Vessel with which the LESSOR has contracted.
10.- CANCELLATION OF THE LEASE CONTRACT BY THE LESSEE
- a) If the LESSEE, by any circumstance, cancel this Lease Contract, it shall pay to the LESSOR the management expenses, cancellation expenses, if any, and a penalty consisting of the following percentages of the amount of the lease price:
- 25% of the total amount of the trip, if the cancellation occurs with NINETY (90) or more days in advance of the date of commencement of the trip;
- 50% of the total amount of the trip, if the cancellation occurs between 89 and 60 days before the start date of the trip;
- 75% of the total amount of the trip, if the cancellation occurs between 59 and 30 days before the date of commencement of travel.
- 100% of the total amount of the trip, if the cancellation occurs with an advance of 29 days or less than the date of commencement of travel.
- b) If the LESSEE fails to make effective any amount that would have been agreed through this Lease Agreement, the LESSEE shall be entitled to consider the present as canceled by the LESSEE and shall be entitled to withhold all the payments received so far on the part of the LESSEE.
11.- CONDITIONS OF LEASE
- a) Before boarding the ship, a form will be completed by the passengers with their personal data, nationality, food allergies, health status, etc.
- b) Passengers must wear appropriate clothing during their stay on the ship. At no time, the LESSOR will be responsible for the damages suffered by the luggage.
- c) The minimum age to be able to embark on our cruises is twelve (12) months. Due to the limitations of first aid care equipment, the company will not accept any liability. As for the age of majority, the Company considers the majority of people from the age of 18. It is not allowed to travel alone in a stateroom to children under 18 years, unless accompanied by the parent or guardian of legal age. Passengers should note that parents or legal guardians traveling with minors having a surname other than the parents or legal guardians will have to show an official proof (eg birth certificate, divorce papers, etc.) to justify that they are the parents or legal guardians of the minors. In the case of foreign passengers, the documentation must be translated by an official translator and incorporated into a apostilled public document. In the case of adults traveling with children under 18 years of age and not their parents or legal guardians, they must present a notarized letter signed by at least one of the parents or legal guardians (in the case of foreigners, fulfill the same requirements above). Such a notarized letter will allow the adult to travel with the under 18 and supervise medical treatment. The Captain may deny access to minors to certain parts of the vessel for any reason he deems appropriate. In the daily program you will find information about age restrictions to enter certain facilities. The age of the passenger at the time of embarkation will determine their status for the rest of the cruise.
- d) The ship shall not be allowed to carry weapons or instruments that may endanger passengers and crew, drugs, animals, as well as any flammable or potentially dangerous material for the Vessel and persons.
- e) Luggage: The luggage limitations for the trip are 30 KG per passenger
- f) Health and Pregnancy: Will not be allowed to board the women who fulfill the week 24 of gestation before the departure or during the cruise. If, at the date of embarkation, the passenger is pregnant, she must present a medical certificate confirming that she is less than 24 weeks old and in good health to travel. You must send a copy of the certificate to the company at least 30 days in advance of the departure of the trip and take it with you to present it at the time of shipment.
- g) Special Meals: The LESSEE, at the time of booking and in any case at least 30 days in advance, must communicate the need for special menus for intolerances, allergies, etc.
- h) Alterations of the service and cancellation by LESSOR: The LESSOR may cancel the trip:
- i) If the cancellation is due to unforeseeable circumstances or force majeure, that is to say for reasons beyond the control of the person invoking them, unforeseeable or, although known, their consequences could not have been avoided and could affect the safety of seaworthiness.
- ii) The LESSOR may cancel or not lease the Vessel when embarking persons with physical disabilities in accordance with the provisions of Regulation EC 1177/2010 of November 24.
- i) The cruise may undergo itinerary changes by decision of the Captain in the following cases without generating a right to any return in favor of the passenger:
- i) Change of itinerary due to force majeure or safety of the ship or navigation.
- ii) Decrease in the time of the Cruise due to force majeure or unforeseeable circumstances or for reasons that may affect the safety of the ship or navigation, or for reasons attributable to the passenger. Outside of the indicated cases, the passenger will be entitled to the return of the proportional part of the price of the Cruise.
(iii) Assistive or salvage operations to other vessels without any right of reimbursement in favor of the passenger.
- iv) Inability to report to the ports included in the scheduled itinerary.
- v) Any circumstance that prevents compliance with the itinerary.
- j) Claims: They will be made in writing within a maximum period of 30 days, addressed to the LESSOR or, if applicable, to the agency that intervened in the hiring.
- k) In the case that the ship is offered the possibility of driving water vehicles, passengers must prove that they are in possession of the administrative permits that enable them to drive.
- l) Passengers will be responsible to the LESSOR for any fine that could be imposed on the LESSOR for lack of compliance with any rule, including lack of documentation, etc.
12.- USE OF THE VESSEL
THE LESSEE shall use the Vessel exclusively as pleasure craft for himself and the passengers.
The LESSEE shall ensure that no pets or animals are brought on board without the prior written consent of the LESSOR.
The LESSEE shall ensure that both its behavior and that of other passengers do not cause any discomfort to any person or imply loss of reputation for the Vessel.
The LESSEE shall comply with and ensure that its guests comply with the laws and regulations of any country in whose waters the vessel must enter in the course of this Contract.
The LESSEE shall ensure that all provisions deposited or any other merchandise which is already on board the Vessel or which may be carried on board during the voyage has passed the customs inspection before being taken ashore.
If the LESSEE, or any of the passengers, commits an offense contrary to the laws of any country resulting in the arrest, fine or imprisonment of any member of the crew or in which the Vessel is arrested, arrested, impounded or fined, the LESSEE shall indemnify the LESSOR for any possible loss, damage or injury that may result from such action. The LESSOR may, by notice to the LESSEE, terminate this Lease Agreement from that moment.
- a) The LESSOR shall be responsible for the contracted service, unless such service can not be provided by force majeure or by accident or as a consequence of the activity of a third party. In no case shall the LESSOR be liable for:
- Damage to items owned by the passenger, except negligence of the Company.
- Damage to valuables, jewelry, etc.
iii. Any accident or damage suffered by the passenger off the boat.
- Any accident or damage suffered by the passenger during the stay on the ship for reasons attributable to the passenger or to a third party, including in this category the rest of passengers. Likewise, the company will not be liable for damages suffered by minors in accordance with what is established in clause 12.c).
- Cause of force majeure or fortuitous event.
saw. Health problems generated by pathologies and, consequently, by:
- Death, injury or other bodily injury is due to the health, physical or mental state of the Passenger prior to Passengers’ boarding operations.
- The damage was caused or favored by the negligence of the Passenger or by his previous state of health to the shipment.
14.- PASSPORTS, VISAS, DOCUMENTATION AND OTHER PASSENGER OBLIGATIONS
It will be the responsibility of the passengers to contribute and have during the trip all the documentation, visas, passports etc. that allow the realization of the same. In the event that such omission prevents part of the trip or disembarkation, there will be no liability of the LESSOR and may deny boarding without reimbursement.
The boat has an insurance policy with coverages for accidents of the own boat as well as civil liability and occupants with the limitations that are specified, in the general and particular conditions of the policy.
16.- I WILL
For any type of controversy arising from the use of the services offered or the contents of the portal, the parties, with the acceptance of these Conditions, are expressly subject to the jurisdiction and jurisdiction of the courts of Madrid.