These General Terms and Conditions regulate the relationship between boatrentalmallorca.net and users entering into a contract for the provision of services or the purchase of goods offered on this website.
These General Terms and Conditions are drafted in accordance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Contract Conditions, Royal Decree 1906/1999, which regulates telephone and electronic contracts and establishes general conditions in accordance with Article 5.3 of Law 7/1998, Royal Legislative Decree 1/2007 of November 16, which approves the Consolidated Text of the General Law for the Protection of Consumers and Users, as well as other relevant regulations, including Law 7/1996 on Retail Trade and Royal Decree-Law 14/1999 on Electronic Signatures.
1. General Characteristics of Services
1.1. Boatrentalmallorca.net is a boat rental agency that acts as an intermediary between charter companies and renters or customers.
1.2. The purpose of this website is to inform users about the products and services offered by boatrentalmallorca.net. All further procedures and the finalization of contracts are carried out via email, telephone, or messaging applications.
2. Prices
The prices and applicable taxes for each service will be indicated on the website and will remain valid as long as they are available to the user.
3. Payment Methods
The user may make payments via bank transfer to the account provided at the time of payment, as well as through the available payment methods listed on the website or by credit/debit card.
4. Deposit (Security Deposit)
4.1. At the time of signing the documents and receiving the boat, the client must pay a security deposit, which covers possible breakages, damages, cracks, tears, or other defects, as well as ensures the cleanliness of the vessel and compliance with the agreed return time.
4.2. The deposit can be paid by credit/debit card or in cash at the departure port.
4.3. The deposit will be refunded after the boat inspection, provided it is returned in an acceptable condition.
5. Handover of the Boat to the Client
5.1. Before taking possession of the vessel, the client has the right to inspect the boat together with a base representative to ensure that the boat and its equipment are in proper working order. Upon acceptance of the boat and the commencement of the charter, the client acknowledges that the vessel is in good condition.
5.2. A self-operated boat will be handed over to the client with a full tank of water and fuel, a fully charged battery, and the necessary level of engine oil. The boat must be returned in the same condition. Boats that include a captain (crew) are managed directly by the boat’s staff, and fuel and water conditions may vary depending on the specific boat selected.
5.3. The boat will be handed over to the renter at the port specified in the individual contract conditions.
5.4. Any delay in receiving the boat due to the client’s fault does not entitle the client to an extension of the rental period.
5.5. In case of delays due to weather conditions, no refund or rental extension is provided.
6. Equivalent Vessel
The boat rental is provided by category. If the specific boat listed in the contract cannot be used due to prior damage or an accident, the boat owner has the right to provide the client with a similar vessel.
7. Boat Return
7.1. In the event of a delayed return, a penalty fee of double the daily rental rate will be charged for each day of delay, along with any additional penalties that boatrentalmallorca.net may incur due to the delayed handover of the vessel to the next renter. Weather conditions do not justify a late return.
7.2. The vessel must be returned to the same port where it was handed over to the client and within the timeframe specified in the contract, unless otherwise agreed upon in the individual rental conditions.
7.3. Upon return, the boat will be inspected to verify its equipment, ensure the absence of damages, breakages, cracks, or tears, and check for cleanliness. The fuel and water levels must be completely refilled. Any costs required to restore the boat to its original condition will be deducted from the security deposit.
8. Right to Cancel the Rental
8.1. Matters related to rental cancellation, including deadlines, penalties, and refund policies, are regulated by the rental agreement of the boat owner.
8.2. If Clause 8.1 cannot be applied for any reason, the cancellation penalties are as follows:
a. Cancellation 90 days or more before the rental start date – 80% of the rental cost is withheld.
b. Cancellation less than 90 days before the rental start date – 100% of the rental cost is withheld.
8.3. If Clauses 8.1 and 8.2 cannot be applied, boatrentalmallorca.net sets a cancellation penalty of 20% of the boat rental cost, excluding additional services and remaining contractual obligations.
8.4. Booking cancellations must be made in writing via customer support at boatrentalsmallorca@gmail.com.
9. Right to Terminate the Contract
9.1. Failure to meet payment deadlines will result in the termination of the contract. Boatrentalmallorca.net will notify the client of the termination in written or verbal form, and any payments already made will not be refunded.
9.2. Irresponsible use of the vessel, violation of the rental conditions, or failure to comply with applicable laws and regulations may lead to the automatic termination of the contract.
10. Rules of Use
10.1. The client is obliged to use the vessel in accordance with applicable laws and is fully responsible for any violations that may occur during the use of the boat.
10.2. The client must provide all required documents and licenses necessary for the boat owner to provide the service. If the boat owner determines that the client lacks the necessary skills to operate the vessel, they may assign a professional skipper. Any additional costs for this service must be covered by the client according to the established rates.
10.3. The permitted navigation area is specified in the individual contract conditions and depends on the client’s license. The user may not exceed the designated areas without the written permission of the boat owner. Only the person named in the contract is allowed to operate the vessel.
10.4. The client may only use the vessel for personal recreational purposes with the individuals listed in the contract. The vessel cannot be used for commercial purposes, competitions, or subleasing.
10.5. It is strictly prohibited to exceed the maximum passenger capacity of the vessel.
10.6. Additional expenses, such as food, fuel, water supply, docking outside the home port, and any services not included in the rental agreement (e.g., skipper, chef, assistant, autopilot, Spinnaker or Blister sails) are not included in the rental price.
- Boat service prices are set by the boat owner, and boatrentalmallorca.net is not responsible for these costs.
- The client is strongly advised to request a price list before the trip and to familiarize themselves with mooring fees, port and local taxes, and entrance fees for national parks.
- Boatrentalmallorca.net is not liable for any incidents related to these expenses.
10.7. The client is obliged to immediately notify boatrentalmallorca.net of any accidents, damages, or losses sustained by the vessel or that may potentially occur.
10.8. The boat owner is not responsible for any damage caused by the client to third parties or property resulting from the use of the vessel.
10.9. The navigation route is determined by the client in cooperation with the skipper or the boat owner’s representative.
- The route may change due to weather conditions.
- In such cases, the client cannot claim compensation or file complaints.
10.10. By paying for the rental, the client unconditionally accepts all these terms of use and acknowledges that failure to comply with these conditions may result in an obligation to compensate for any incurred losses, as well as the cancellation of the contract without a refund.
11. Complaints
11.1. Complaints must be submitted during the boat rental period or at the time of its return, in written form using a special complaint form provided directly by the boat owner. The complaint must be signed by both the client and the boat owner’s representative.
- A copy of the complaint must be sent to boatrentalmallorca.net via email at boatrentalsmallorca@gmail.com no later than 2 days after the end of the rental period.
12. Jurisdiction and Applicable Law
All disputes related to the interpretation or execution of this contract fall under the jurisdiction of the maritime authorities and, if necessary, the courts of Spain.
This contract is governed by Spanish law.