DESCRIPTION OF THE SERVICE
ALADANA 2020 SL, through the service www.ucharter.es, allows its clients to search, find, choose, and rent boats and nautical activities in Valencia and Alicante.
Likewise, we offer personalized assistance services, reservations, transfers, premium services, among others, with the aim of offering our clients the most comfortable and relaxed stay possible, taking care of all the necessary arrangements with personalized assistance.
The indicated services will be managed through the ucharter.es website, being able to exceptionally admit the final hiring outside the website.
All services from ucharter.es are provided in Spain and the purchase of these services can be made from any country in the world.
SALES AND CONTRACTING CONDITIONS
1. VALIDITY.
The validity of this contract is subject to the effective payment of the amounts stipulated on the front of this recreational boat rental contract, in the manner and terms set forth therein, which cannot be changed except by express agreement with the LESSOR.
2. RENTAL WITH SKIPPER.
In the event that the boat subject to this rental contract is rented with a skipper, the skipper is provided by the lessor and provides his services on behalf and at the expense of the lessor, being in possession of the knowledge, experience and necessary qualifications for the navigation that is intended to be carried out. The leased boat can only be skippered by the indicated Skipper, who is the only one authorized to do so. Likewise, the Skipper is the only one authorized to make any necessary decisions in the event of a breakdown of the boat or the need for repairs to the boat or the need to be towed, being able to adopt any precautionary measures necessary to ensure the care and safety of the leased boat, with the LESSEE accepting to respect and comply with what the Skipper decides in such cases.
3. RENTAL WITHOUT SKIPPER.
In the event that the vessel subject to this rental contract is rented without a skipper, the LESSEE agrees to provide a skipper who possesses the necessary knowledge, experience and qualifications for the intended navigation. The rented vessel can only be skippered by the designated skipper, who is the only authorized person to do so. The LESSOR shall have the right to conduct a sea trial with the skipper provided by the LESSEE. In the event that the LESSOR considers that the skipper does not have sufficient experience or skill in handling the vessel, the LESSOR will provide a skipper of their confidence, and the LESSEE shall pay €200 as a salary. In the event that the LESSEE refuses to hire the skipper provided by the LESSOR, the LESSEE shall lose the deposit paid when making the boat reservation and the charter will be automatically cancelled.
4.DURATION.
The duration of this rental contract shall be as expressly stipulated by the parties on the front of this document, with the understanding that one day of rental is equivalent to EIGHT HOURS.For any extension or variation of the schedule, consultation and agreement with the LESSOR will be necessary. If the LESSEE exceeds the rental hours on their own initiative, they shall pay 100 per extra hour or fraction of an hour. The vessel must return to port a maximum of 8 hours after the agreed departure time by the parties or before sunset, whichever comes first.
Any day of delay in the return of the yacht to the port of arrival established in the front of this contract will be billed at twice the daily rate, unless agreed with the company. The rental contract will not be considered terminated until the vessel has been returned to duly identified personnel of the ARRENDADORA entity, with the provisions of the previous section prevailing in such a case. The vessel must be delivered by the ARRENDATARIO with full fuel tanks, if not, the ARRENDADOR reserves the right to charge the expenses that this may incur to the ARRENDATARIO plus a fee of 30€ for refueling service. The vessel must be returned by the ARRENDATARIO in a state of cleanliness similar to the one it was delivered, otherwise, the cost of additional cleaning will be 50€.
5. INSURANCE.
The vessel and its crew are insured with a reputable company that covers any accidents that occur with the vessel. Neither the ARRENDADOR, nor the skipper, nor the vessel, will be responsible for injuries, personal or material damages incurred during the charter or as a result of accidents related to diving, swimming, or activities such as water skiing, wakeboarding, small boats, jet skis, or any other water sport. The insurance policy is held by the ARRENDADOR, and can be inspected by the ARRENDATARIO if desired.
6. CANCELLATIONS.
In the event of cancellation, the cost of cancellation will be that stipulated for the specific product or service displayed during the booking process. In the event that it is the company that is delayed by more than two hours in delivering the boat, the full rental amount will be refunded to the RENTER, in the event that a boat of equal or superior characteristics cannot be provided. At the time of delivery of the boat, both parties will proceed to inspect the boat and check the inventory, at which time they will declare them to be in conformity and to their complete satisfaction, as well as in suitable condition for use at sea.
7. THE RENTER.
Undertakes to use and maintain the boat in good condition, as well as to be responsible for the integrity of everything included in the inventory, therefore being liable for any damage, breakage, theft or loss. All boats have a GPS tracking system. In the case of rentals without a skipper, the RENTER agrees not to exceed a maximum speed of 25 knots, not to perform dangerous maneuvers, and not to enter areas marked as dangerous. The RENTER must request information on hazardous areas from the LESSOR. All of the above will be considered misuse of the boat and will be charged with €200 from the customer's deposit.
8. SECURITY DEPOSIT.
The amount given as a security deposit will remain in the possession of the LESSOR and will serve as a guarantee for the proper compliance with the conditions of this contract, as well as to respond for malicious or negligent damage to the boat and its equipment, and in general to cover possible losses or breakages of equipment, refuelling costs, provisioning ordered by the LESSEE, port fees except for mooring costs at the home port. The security deposit will be given by the LESSEE at the time of embarkation and will be made effective in CASH, VISA or MASTERCARD. At the end of the lease contract and the return of the boat, the difference will be refunded to the LESSEE once the settlement of all extra costs has been made and the good condition of the boat and its equipment has been checked. The refund of the security deposit will be made within 48 hours after the rental period. In the event of an accident, grounding, or any other circumstance directly attributable to negligence, malicious damage, or ignorance on the part of the LESSEE, the LESSOR reserves the right not to refund the deposit to repair damages caused by the aforementioned events or due to the lack of commercial use of the boat.
A MINIMUM amount of 500 Euros is established as a security deposit. It can reach up to 2000€ on some boats.
9. RESPONSIBILITIES.
The lessee agrees and undertakes to use the vessel in accordance with the regulations of the Marina, Police, and Health Authorities of the ports visited.
The LESSEE undertakes not to embark a greater number of persons than authorized, and shall use the vessel exclusively for pleasure navigation. It is expressly prohibited to engage in commercial activities, subleasing, transfer, professional fishing, transportation, regattas, or any activity or use prohibited by law.
If the LESSEE fails to comply with any of these conditions, he/she will be personally responsible before the corresponding authorities, even in the case of involuntary fault. If any of these circumstances lead to the immobilization of the vessel, the LESSEE undertakes to pay the LESSOR compensation equal to the current rental fee during the time the vessel is retained. In the event of confiscation of the vessel, the LESSEE shall reimburse the LESSOR for the value of the vessel within ten days, with the price agreed upon from this moment on, which is the one stated in the insurance policy of the leased vessel.
The fact that the LESSEE is unable to use the vessel partially or definitively due to a breakdown that occurs during the rental period and that is not attributable to misuse or negligence by the LESSEE, shall not entitle him/her to request a refund of the amounts paid as long as the LESSOR makes another vessel with equal or superior conditions to the leased one available to the LESSEE. In the event that the LESSOR is unable to make another vessel with the same or superior characteristics available to the LESSEE, the LESSEE shall be reimbursed proportionally for the time remaining until the completion of the contract. In the event that the breakdown occurred due to the misuse or negligence of the LESSEE, he/she shall not be entitled to request a refund for the remaining days until the completion of the contract.
In case of adverse weather conditions (east wind over 15 knots or rain) on the day of rental, the LESSOR and the LESSEE may agree to change the rental day for another day with better conditions or, if unable to find an alternative day, cancel the rental and refund the full amount paid by the LESSEE.
It is absolutely prohibited to cook, smoke, or transport animals on board without the express authorization of the LESSOR.
The LESSEE undertakes to return the vessel in the same condition as at the beginning of the journey. Negligence, misuse, mistreatment of the vessel, and non-compliance with the law or the provisions of this contract shall be sufficient grounds for the immediate termination of this contract, with the amounts paid in favor of the LESSOR as compensation.
10. LOPD.
The LESSOR reserves the right to use and publish for commercial purposes any image or video taken during the rental of the vessel subject to this contract.
11. JURISDICTION.
For any disputes that may arise from the content or interpretation of this contract, both parties, with express waiver of their own jurisdiction or any other jurisdiction to which they may have access, submit to the jurisdiction of the Courts and Tribunals of Valencia, where the LESSOR has its registered office.