OCEANIS CLIPPER 361 BARDALIN

FIRST. The validity of this Contract is subject to the effective payment of the amounts stipulated on the front side of this lease agreement of a recreational vessel, in the form and terms that are fixed therein without being varied except by express agreement with the LESSOR.

SECOND. LEASE WITH SKIPPER. In the event that the vessel, object of this lease agreement, is leased with a Skipper who shall be provided by the leasing company and whose services shall be paid by the latter, the skipper shall have the knowledge, experience and skills required to sail the ship. The leased vessel shall exclusively and solely be captained by the aforementioned skipper, the latter being the only authorised person for this purpose. Likewise, the Skipper shall be the only authorised person to adopt as many decisions as may be required in the case of damage or repairs to the vessel or should the vessel need to be towed, as well as to take all precautions to guarantee the suitable upkeep and safety of the vessel, the LESSEE accepting to comply and fulfil any decisions that may be taken by the skipper in such cases.

THIRD. LEASE WITHOUT SKIPPER. In the event that the vessel, object of this lease agreement, is leased without a skipper, the LESSEE will provide a skipper who shall have the knowledge, experience , skills and license required to sail the ship. The leased vessel shall exclusively and solely be captained by the aforementioned skipper, the latter being the only authorised person for this purpose. The LESSOR shall have the right to make a sea test to the skipper provided by the LESSEE, In the event that the LESSOR considers that the skipper does not have sufficient experience or skills in the handling of the boat, the LESSOR will place a skipper of their confidence and the LESSEE must pay € 200 as a salary.
In the event that the LESSEE refuses to hire the skipper provided by the LESSOR, THE LESSEE will lose the deposit made when booking the boat and the charter will be automatically canceled.

FOURTH. TERM. The term of this lease agreement shall be expressly stipulated by the parties in writing on the front side of this document, and one day of lease shall be deemed as 8 hours. For any extension or variation of the schedule, consultation and agreement with the LESSOR shall be necessary. If the lessee wants to extend the lease more than 8 hours, the lessee must pay 100€ per hour or fraction of an hour. In addition, The boat must return to port 8h after the departure time agreed by the parties or before sunset, whichever occurs first.

Any day of delay in returning the yacht to the port of departure, stipulated on the front side of this agreement, shall imply a charge of twice the daily rate, unless agreed otherwise. The lease agreement shall not be deemed as terminated until the vessel has been returned to the duly identified lease company staff, in such case prevailing the agreements of the previous paragraph. The vessel shall be returned by the LESSEE with its fuel tank full, the LESSOR reserves the right to charge the LESSEE with the costs of these expenses plus a 30€ fee for the refueling service. The boat must be returned by the LESSEE in a state of cleanliness similar to that which was delivered, otherwise, the cost of the additional cleaning will be € 100.

FIFTH. INSURANCE. The vessel and its crew are insured, by a company with acknowledged prestige, that covers any accident that may ocurr to the vessel. Neither the LESSOR nor the skipper or the boat shall be held responsible for any injuries, personal and / or material damages caused duringt the charter or by accidents resulting from diving and swimming or activities such as water-skiing, wakeboarding ,taking small boats out, jet skiing or any other water activity or water sport.

The insurance policy is in the hands of the LESSOR for inspection of the LESSEE should the latter wish so.

SIXTH. CANCELLATION. In the event of cancellation, the cost of the cancellation shall be 25% of the total rent, providing the cancellation ocurrs more than a moth before leaving port; 50% of the rent if the cancellation ocurrs between 30 and 7 days before the date of leaving port; and 100% if the cancellation ocurrs 7 days before leaving port.

In the case the company is more than 2 hours delayed when handing over the vessel, the LESSEE shall be refunded the whole rental amount paid if a vessel with the same or better features can not be provided.

SEVENTH. At the time of handing over the vessel both parties shall examine the vessel, check the inventory and shall approve and state their satisfaction, as well as its suitability for use at sea.

EIGHTH. The LESSEE agrees to make good use and to maintain the vessel in good condition as well as to respond for the integrity of all the items listed in the inventory and, consequently, for any damage, breakage, theft or loss. No Alcohol allowed onboard except the one provided by the LESSOR. All boats have a GPS tracking system. In the case of rents without skipper, the LESSEE undertakes not to exceed a maximum speed of 25 knots , not to perform dangerous maneuvers and not to enter areas marked as dangerous. The LESSEE must request said information on danger zones from the LESSOR. All this will be considered misuse of the vessel and will be charged with € 200 of the customer's deposit.

NINTH. DEPOSIT. The amount to be paid as a deposit shall be held by the LESSOR and shall be used to guarantee correct compliance with the conditions of this contract, as well as to respond to malicious or negligent damages caused by misconduct or negligence to the vessel and its crew and generally to cover any possible loss or breakage of material, refilling of fuel or provisions ordered by the LESSEE, as well as harbour dues, except the costs of moorage in the home port. The deposit shall be paid by the LESSEE at the time of departure from port in cash, by Visa or Mastercard. Once the lease has been concluded and the vessel is returned, the LESSEE shall be reimbursed for the difference, once payment of all the extra items has been made and an inspection has been carried out and the vessel and the equipment are found in good condition. The refund of the deposit will be made within 48 hours after the rental.The LESSOR is not responsible for any delay in said refund produced by different banking
entities. In the case of an accident, stranding or any other circumstance directly attributable to negligence, ignorance or malicious damage by the LEESEE, the LESSOR retains the right not to refund the deposit to repair damage caused by any of the above cited events or the lack of commercial use of the boat.

The amount of 2000 Euros shall be deemed as the MINIMUM deposit for the vessel. In some boats can reach up to 3000€.

 

TENTH. The LESSEE undertakes and obliges to use the vessel in accordance with the regulations of the Harbour, Police and Health Authorities of any ports he may visit. The LESSEE undertakes not to embark more passengers on the vessel than the authorised number and shall use the vessel solely and exclusively for recreational purposes, being expressly forbidden to carry out any commercial activity, sub-leasing, assignment, professional fishing, transport, boat-racing or any other activity or use prohibited by law.

In the event that any of the aforementioned activities are carried out, the LESSEE shall be personally liable to the relevant Authorities, even if this is involuntary misconduct. If any of these circumstances entails the vessel being immobilised, the LESSEE shall pay the LESSOR an indemnity equivalent to the lease price in force during the period of retention of the vessel. In the case that the vessel is confiscated the LESSEE shall reimburse the value of the vessel to the LESSOR within a term of ten days, the price being stipulated as that set forth in the Insurance Policy for the leased vessel, at this time and by mutual agreement.

ELEVENTH. In the case the LESSEE can not partially or completely use the vessel due to damage that has been caused during the period the vessel is leased and is not caused by misuse or negligence by the LESSEE, the latter shall not be entitled to request reimbursement of the deposit paid providing the LESSOR makes another vessel available to the LESSEE with the same or better features than the previous one.

In the event that the LESSOR is not able to provide the LESSEE with another vessel of the same or better features, the latter shall be reimbursed for the days remaining until the termination of the agreement. In the case the damage had been caused due to misuse or negligence by the LESSEE, the latter shall not be entitled to any reimbursement for the days remaining until the termination of the agreement.

TWELFTH. In case of adverse weather conditions (east wind of more than 15 knots or rain) on the rental start day, the LESSOR, in agreement with the LESSEE, may change the rental day for another with better conditions or in case of not being able to find alternative day, the LESSOR can cancel the rental and return the full amounts paid by the LESSEE.

THIRTEENTH. The LESSEE shall be responsible and shall pay all the costs for engine fuel, lubricants, harbour dues, except for the costs of moorage in the main port, which is included in the lease price, and in general all the consumable material required to keep the vessel in good order and care during the term of the lease, such as provisions, catering, etc.

FOURTEENTH. Cooking, smoking or boarding animals on board is completely prohibited, without the express written consent of the LESSOR.

FIFTEENTH. The LESSEE undertakes to return the vessel in the same condition that it had been leased at the beginning of the lease. Negligence, misuse, bad treatment of the vessel and failure in fulfilment of the law or that set forth in this agreement shall be sufficient cause for immediate termination of this agreement, and the amount paid as a deposit to the LESSOR shall be retained as compensation therefore.

SIXTEENTH .- The LESSOR reserves the right to use and publish for commercial use any image or video taken during the lease of the vessel object of this contract.

SEVENTEENTH. Should any possible differences arise from the contents or interpretation of this agreement both parties shall submit to the Courts and Tribunals of Ibiza, where the registered offices of the LESSOR are located, and the parties shall waive any other jurisdiction that could be applicable.