Maxim 44R, a modern open boat to navigate Ibiza and Formentera

GENERAL CONDITIONS 1.- The boat is insured against third-party damages and own damages (sinking, collision, loss, theft, fire, etc.) with a security deposit. If the boat suffers damages or lacks equipment, the amount will be deducted from the deposit. 2.- Negligence, misuse of the boat, mistreatment, and/or non-compliance with the law will be sufficient grounds for the instant termination of the contract. Amounts paid will be retained by the company as compensation. All expenses resulting from these causes, due to lack of knowledge in handling the boat, forgetfulness, clumsiness, or negligence, will be charged to the customer. If the amount of the damages is less than the security deposit provided by the customer, he may, on a voluntary basis, complete and sign an incident report to facilitate the management of the situation and expedite the reimbursement of the difference. Should the customer choose not to complete the report, the company will issue a detailed condition report of the boat, including quotes or invoices that justify the partial or total retention of the deposit. Any amount not attributable to the lessee will be refunded within a maximum of 10 days from the end of the rental period.  The customer may submit objections or provide evidence in case of disagreement with the damage assessment. Any disputes will be resolved in accordance with applicable law and the conflict resolution mechanisms set forth in this contract. 3.- The customer is responsible for the actions of accompanying passengers. Minors must always be accompanied or supervised by an adult and will not be under the responsibility of the skipper. the company is not responsible for the loss or damage of any personal items brought aboard the boat by the customer, even when the boat is rented with a skipper. The customer agrees not to embark more people than authorized by the insurance company, and must use the boat for pleasure navigation only, expressly prohibiting commercial activities, subletting, assignment, professional fishing, transportation, regattas, as well as any activity or use prohibited by law. In the event of any of these circumstances leading to the immobilization of the boat, the customer will pay compensation equal to the current rental rate for the time the boat is retained. In the event of confiscation, the customer must reimburse the value of the boat within 10 days, with its price being set, from the moment and by mutual agreement, as stated in the insurance policy of the leased boat. 5.- Transportation or pick-up expenses outside the port of Ibiza, mooring outside the base port, skipper (except when included in the price), fuel consumption, and any other extras will be billed separately and are not included in the rental rate. In the case of rental without a skipper, the customer is responsible for refueling the boat at the end of the rental. However, the company offers a refueling service for €50, which the customer can choose. If no deposit has been collected before boarding, the amount of fuel consumed must be paid before disembarking. 6.- When the boat is rented with a skipper, the rental hours will be a maximum of 8 hours to be chosen between 10:00 a.m. and 8:00 p.m. 7.- The use of water toys such as, but not limited to, towable donut, wakeboard, water skiing, paddle surfing, navbow, seabob, and derivatives will be the sole responsibility of the customer and passengers while using them. Their use is entirely at their own risk, and they agree to indemnify, defend, and hold harmless the company and its skippers and employees from and against any litigation, damages, expenses, or liabilities arising from their use, which is recommended only for experienced users. 8.- If the company is unable to deliver the reserved boat, it may change it for another, charging or refunding the price differences, provided the customer agrees. If no boat can be delivered, the amounts paid will be refunded without any claim by the customer. 9.- In case the customer decides to cancel the charter, the following refunds of the amounts paid as confirmation of the rental will apply: - 75% REFUND: All reservations canceled 14 days or more before departure - 50% REFUND: All reservations canceled between 14 and 7 days before departure. - NO REFUND: All reservations canceled 7 days or less before departure. 10.- If weather conditions do not allow the charter to take place on the reserved date, the customer will be entitled to a full refund or to reschedule the charter day. This will apply only for wind gusts of 25 knots or more and/or rain at the time of departure. 11.- Once a rental is canceled by the customer, the fact that the company rents out the boat again on the same day does not entitle the customer to claim a refund of the deposit. The general cancellation conditions explained in clause 10 apply. 12.- In compliance with current regulations on personal data protection, the customer is informed that their personal data will be part of the the company database, whose purpose is to maintain relationships derived from the boat rental services. The processing is lawful based on, at least, one of the following conditions: - The data subject gave their consent to the processing of their personal data for one or more specific purposes - Processing is necessary for the performance of a contract to which the data subject is party or for the implementation of pre-contractual measures at the data subject's request. - Processing is necessary for compliance with a legal obligation applicable to the data controller. The customer expressly consents to receiving future commercial communications from the company. Likewise, the customer is notified of the possibility of exercising their rights of access, rectification, deletion, opposition, limitation of processing, data portability, and not to be subject to automated individualized decisions, including the profiling of such data, by contacting: the company, indicating in the subject line "DATA PROTECTION," accompanying their request with a copy of a valid official document proving their identity. The customer expressly consents to receiving commercial communications from the company. PARTICULAR CONDITIONS: - The customer declares to receive the boat in good working condition, with all necessary navigation accessories and to his satisfaction. At the time of delivery of the boat, a visual inspection of the boat will be carried out, accompanied by an employee of the company, and the customer will confirm the receipt of the boat, noting any possible pre-rental damage. - The company informs the customer that the boat is equipped with a GPS tracking system, and the customer agrees that The company has access to this data during the rental period. - For the resolution of any dispute arising from the signing of this lease contract, the parties submit to the jurisdiction and competence of the Courts and Tribunals of the island of Ibiza, waiving their own jurisdictions, including that of their domicile, if it were different. - The signing of this contract implies the agreement of the parties to all its conditions.