In these conditions, rental company stands for the owner and renter stands for the lessee.
1. USE OF THE BOAT
a) The renter is obliged to treat the boat with utmost care and sailing in accordance with good navigational practice.The renter is obliged when using the boat to note the qualifications for the skipper as stated in the Sea Law as well as follow the other laws and statutes
b) The lessor is responsible for the skipper having adequate skills in handling the boat and navigation.
c) If left unsupervised, the boat must be locked.
d) The boat is handed over to the customer with the equipment stated in the list of equipment and with full tank. When the rental company hands over the boat to the renter it is worth for the both parties to check the condition of the boat to prevent any possible dispute regarding any possible damages.
2. RESPONSIBILITY FOR THE BOAT AND ITS EQUIPMENT DURING THE RENTAL PERIOD
2.1 Basic excess of the renter.
The renter is obliged, to the cap of excess stated in the contract:
a) To pay for any possible damages occurred with regard to the boat and its equipment during the rental period.
b) To pay for any parts and equipment gone missing from the boat during the rental period.
2.2 Renter’s liability for all damages. If the damages caused to the rental company or the boat are due to the renter’s premeditation, gross negligence, navigating the boat under the influence of alcohol or other intoxicating substance, for criminal purposes or that the renter otherwise has substantially violated the terms of this contract, the renter is obligated to fully compensate the damage to the rental company.
2.3 Renter’s release from the liability. The renter is released from the liability if the rental company gets a full compensation for the damage either from the person who caused the damage or based on insurance.
3. INSURANCE
The boat has a valid boat insurance. The insurance compensates for damages resulted from FIRE, NATURAL PHENOMENON, ELECTRIC PHENOMENON, BREAKAGE, CRIME and COLLISION. The excess of the renter is 2000 euros. The renter must have a valid liability insurance which compensates any cost to the outsiders resulted from navigating the rental boat.
4. PAYING RENT
The rental prices include the right for the crew to use a boat as stated in the lease, boating and accommodation equipment according to the list of equipment as well as the both insurance.
a) After making a reservation the renter receives a confirmation of order / an invoice. A retaining fee which is 40% of the rental price is paid in advance. The retaining fee must be paid in 7 days from the date of the confirmation of order. If the renter fails to pay the retaining fee during the time limit the reservation becomes void. The rest of the rental price must be paid 28 days prior to the rental period.
b) The cap of the excess is paid as collateral. The collateral must be paid before the boat is handed over to the renter.
5. OBLIGATION OF THE RENTAL COMPANY
The rental company must hand over the boat to the renter in good condition and pertaining to law, in agreed time and place. Furthermore, the rental company is obligated to provide the renter adequate guidance and instructions of the use of the boat. Handing over the boat to the renter and the guidance take place within the rental period. If the boat is not handed over to the renter as agreed, he or she can claim reduction from the rent from that period of time or he can cancel the contract unless the mistake is not corrected in reasonable time.
6. FUEL AND TAKING CARE OF THE BOAT
The renter pays for the fuel needed. The renting company must let the renter know which kind of fuel is to be used. The renter is responsible for damages resulted from using wrong kind of fuel. The renter is during the rental period obligated to take care of the normal check-ups with regard to the boat, such as checking the amount of motor oil, liquids in the cooler and battery, the state of bilge, etc. Furthermore, the renter is responsible for keeping the boat clean during the rental period as well as cleaning when the rental period ends.
7. MEASURES TAKEN BY THE RENTER IN CASES OF ERROR, ACCIDENT OR THEFT
a) The renter must immediately notify the rental company of any defect in the boat or an accident or theft. Theft must be reported immediately to the police. After this the rental company must make the renter aware of the measures that have to be taken due to the occurrence.
b) In case of an accident the renter must immediately take the measures stated in the insurance conditions to find the damage and to prevent any further damages. With regard to personal injury, the police must always be notified.
c) Should the renter neglect making the aforementioned notifications he or she is responsible for the damage caused for the rental company.
8. RENTAL COMPANY’S RESPONSIBILITY FOR A DEFECT IN A BOAT
If during the rental period there is a technical fault or another defect which is not due to carelessness of the renter, the renter can demand the defect to be repaired. If the defect due to the condition of the boat is essential and the rental company cannot within reasonable time deliver a substitutive boat the renter can claim cancellation of the rental contract. the renter has the right to claim reduction of the rent from the period the defect is being repaired.
9. RETURNING THE BOAT
a) The boat must be returned to agreed place at the end of the agreed rental period. When returned the boat must be cleaned, waste tanks emptied and the tank must be full. Returning takes place within the agreed rental period.
b) If the customer returns the boat before the agreed rental period ends, the rest of the rental time is not compensated.
c) If the renter neglects the obligations stated in the paragraph a) the rental company has the right to collect all the costs resulted from the neglect from the renter.
10. CANCELLATION OF THE CONTRACT
a) The rental company has within the rental period to cancel this contract if it turns out the renter is essentially violating this contract or that the renter according to the evaluation of the rental company is not able to navigate the boat properly. Any possible costs for the renter are not compensated.
b) The rental company has the right to cancel this contract before beginning of the rental period if the boat is not usable due to force major. In this case the renter has the right to get the rent he or she has paid back in full. Any possible costs for the renter are not compensated.
c)The renter has the right to claim cancellation of this contract before the beginning of the rental period if a force major has occurred. If the claim is stated at least 28 days before beginning of the rental period, the renter has the right to get back the paid rent with a 10% deduction of cost of proceedings. If the aforementioned cancellation takes place later the rent is not returned to the renter. Any possible costs for the renter are not compensated. The renter must during the rental period have a valid passenger insurance which includes cancellation insurance.
d) Should the renter cancel the rental for a reason other than those listed in the section c) the rental company will retain the whole amount paid for rental. If, however, a substitutive customer is found, reasonable costs for the rental company are charged as cancellation fee. Any possible costs for the renter are not compensated.
11. TAKING THE BOAT OFF THE SAILING AREA
Taking the boat outside the agreed sailing area is prohibited.
12. SMOKING IN THE BOAT
Smoking indoors is prohibited.
13. PETS
Bringing pets to the boat is prohibited unless otherwise agreed when making the order.
14. DISAGREEMENTS ABOUT THE CONTRACT
If it is not possible to solve the disagreements by negotiations between the parties, the renter can take the issue to consumer complaint board. If the disagreements are brought to court for a decision, the complaint must be filed at court of first instance in the domicile of the renter unless the renter does not want to file the complaint in the general court of first instance of the renting company’s domicile.