Terms & Conditions
Our Terms and Conditions (T&Cs) are designed to inform our customers of the terms under which we offer our boat, yacht and jet ski rental services. They include details of our rates, the terms for booking and cancelling reservations, and information on the terms for any refund. We recommend that our customers read our T&Cs carefully to gain a better understanding of our terms and conditions. Should you have any questions, please do not hesitate to contact us.
Our General Terms and Conditions (GTC) are intended to inform our customers of the conditions under which we offer our boat, yacht and jet ski rental services. These include details of our rates, the conditions for booking and cancelling reservations and information on the conditions for a possible refund. We recommend that our customers read our GTC carefully to gain a better understanding of our terms and conditions. If you have any questions, please do not hesitate to contact us.
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I. Obligations of the lessor
1. Suitability of the boat
The lessor will provide the renter with a roadworthy and technically perfect boat including the prescribed accessories for use.
2. Maintenance, breakdown, cleaning
The boat provided by the lessor is regularly maintained. If the boat breaks down, the lessor is not liable for any damage caused to the renter as a result. The boat will be handed over in a clean condition. A cleaning fee of € 90 is due for this. This is to be paid immediately after the rental period has expired or, if necessary, offset against the deposit.
II. Tenant's obligations
1. Rental price
The rental price is based on the current version of the lessor's price list attached to this contract. The rental price is paid in advance when the trip begins.
2. Driver
The boat may only be driven by the tenant or under their supervision. The tenant is responsible for the actions of the respective driver as if they were his own. The provisions of this contract that benefit the tenant also apply to the benefit of the respective authorized driver.
3. Duty of care
Tenants must treat the boat with care and observe all relevant and technical rules for use and properly secure the boat. Travel in water depths greater than one meter must be observed and adhered to. The tenant is also obliged to check that the prescribed equipment of the respective boat is complete before departure. If prescribed equipment is missing on board after departure, the tenant is solely liable for this.
4. Restrictions on use
The renter is prohibited from using the boat for motorsport events, demonstrations, for testing purposes, for commercial passenger and goods transport and for other illegal purposes, even if they are only permitted under the law of the place where the incident occurred.
5. Reporting obligation
In the event of an accident, the renter must immediately inform the lessor of the details in writing, submitting a sketch, at the latest when returning the boat. The accident report must contain the names and addresses of the people involved and any witnesses, as well as the official registration numbers of the boats involved. The renter must notify the police after the accident if the findings required to clarify the accident cannot be reliably made in any other way, e.g. with the help of witnesses. Opposing claims may not be accepted. The renter must immediately report any fire or theft damage to the lessor and the responsible police authority.
6. Return of the boat
The renter is obliged to return the boat to the lessor at the agreed location at the end of the rental period. The boat can only be returned during business hours. If the return date is exceeded, the renter is obliged, without prejudice to further liability, to pay compensation for the period of the delay in the amount of the rental price for each additional hour of driving started or completed, 15% for each additional hour.
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III. Liability / cancellation of the lessor
The lessor (i.e. himself and his employees) is liable, apart from the violation of essential contractual obligations, only for gross negligence (i.e. for intent and gross negligence). For boats and yachts that were exclusively brokered to the end customer by other owners or providers, a brokerage fee of 20% of the charter price applies. This is non-refundable after successful brokerage, even if the service provider does not carry out the charter or cannot release the brokered boat. The service from SunboatsCharter is fulfilled with the successful brokerage and acceptance of the booked service by both parties. The end customer must make claims for damages to the company that ultimately carried out the service.
If the charter or rental is canceled due to bad weather for safety reasons, the charter or service will be postponed and rescheduled at a later date. The customer will receive a voucher for this. If the charter has already started and has to be cancelled for safety reasons or the customer expressly requests this, the charter will not be repeated at a later date and there will be no refund. The customer will receive a voucher for this. If the service provider cancels for technical reasons, there is the option of a refund and/or postponement. The broker or charter company expressly reserves the right to provide a similar boat of the same value in the event of technical problems with the booked boat.
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IV. Liability of the renter
The renter is liable according to the general liability rules if he damages the boat or commits any other breach of contract. In particular, the renter must return the vehicle in the same condition as he received it. The renter's liability also extends to incidental damage costs, such as expert costs, towing costs, loss of value, loss of rental income and deductible. If the boat is damaged by fire, explosion or theft, the renter's liability with regard to the boat is limited to the deductible of the partial comprehensive insurance, provided that the damage was not caused by gross negligence or in breach of the reporting obligation in accordance with No. II 5 of these terms and conditions. The renter is fully liable for damage to the boat and for the incidental costs of the damage if he caused the damage through gross negligence, he fled the scene of an accident or the damage occurred while driving while under the influence of alcohol or drugs. The renter is also fully liable for damage if he violated the obligations of the driving license or the reporting obligation, or if the violation was due to intent or gross negligence. The renter is also liable for all damage caused by the cargo, even if liability is limited. In the case of rental loss costs, the renter is liable up to the amount of one day's rental for each day on which the renter's damaged vehicle is not available for rental.
V. Deposit / Insurance
A deposit of €2,500 must be paid for the rental. The renter is liable, including comprehensive insurance, with a maximum excess of €1,000 in the event of damage.
This comprehensive insurance does not cover damage caused intentionally, damage caused by gross negligence, or damage caused by use other than the agreed rental purpose (e.g. commercial use, participation in a demonstration, motorsport event).
VI. Cancellation by the renter
When booking, please pay the calculated reservation fee of 30% of the rental price. If you cancel up to 21 days in advance, you will receive 50% of the reservation fee back. If you cancel your booking later, no reservation fee will be refunded.
VII. Online
Sun Boats offers experience vouchers and gifts. The experience voucher is a ticket for a specific experience/event which is valid for three years from the date of purchase. Only the holder of the experience voucher is entitled to use this experience.
The contract for the use of the respective voucher is concluded directly between the participant in the experience voucher and Sun Boats.
Unless expressly agreed, travel to the experience location and/or any accommodation services are not included. You must bear the costs for this yourself. Please make sure to bring the voucher used for the booking and the booking confirmation with you to your experience. If you do not show up for a booked appointment and have not canceled it in time in accordance with Sun Boats' terms and conditions, the voucher used to use this experience and the resulting entitlement to benefits will expire without replacement.
It is possible to exchange a Sun Boats voucher for another in the product range; in this case, a cash payment of the difference is excluded. If the price of the Sun Boats product to be purchased is higher than the experience voucher, you must pay the difference.
An experience voucher can be exchanged for a voucher for another experience voucher after paying a processing fee of 15.00 euros, as long as the holder of the voucher has not yet made a booking with Sun Boats.
If the other experience voucher is more expensive than the original one, the corresponding difference must be paid to Sun Boats in addition to the processing fee. If the new experience is cheaper than the original experience, you will receive a voucher for the difference. Cash payment of the difference is not possible.
The purchased experience voucher can be redeemed within the statutory limitation period of three years and the experience can be enjoyed until the end of this period (redemption period). This redemption period begins at the end of the year in which the experience voucher was purchased. If the experience cannot be carried out due to weather conditions, you can rebook the date for using the voucher with Sun Boats.
We offer you various payment options for paying for your ordered experience vouchers. Online data transfer is SSL-encrypted.
Sun Boats welcomes people with physical disabilities to participate in the vouchers offered, but points out that participation in this case may be difficult or impossible. We therefore ask you to inform us of any existing disabilities before purchasing. We will then endeavor to find individual solutions for you.
For vouchers in which, for example, our boat, certain technical equipment and technology or certain people are described in the content and these are not available for the experience on the day of participation, Sun Boats reserves the right to provide an appropriate, equivalent replacement if possible or - if this is not possible - to cancel or postpone the appointment at short notice. In this case, the voucher remains valid. If the date for your voucher has to be postponed at short notice, please make the rebooking directly with Sun Boats.
Further claims against Sun Boats, e.g. claims for damages (travel costs, overnight stay, etc.) are excluded in the event of the provision of equivalent replacement or the cancellation of the voucher experience.
CANCELLATION POLICY
Right of withdrawal
You have the right to withdraw from this contract within 5 days without giving any reason. The withdrawal period is 5 days from the day of the conclusion of the contract, - on which you or a third party named by you, who is not the carrier, took possession of the last goods. To exercise your right of withdrawal, you must inform us, Sun Boats Charter Mallorca, +34634067470, email: sunboatsmallorca@gmail.com, by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract.
VIII. Final provision
No oral side agreements have been made. Changes to the contract must be made in writing. This can only be agreed in writing. If a provision of this contract is invalid, this does not affect the validity of the remaining provisions. In place of the invalid provision, the valid provision is deemed to have been agreed which corresponds to what would have been reasonably agreed according to the spirit and purpose of this contract if the matter had been considered from the outset.
The place of jurisdiction is Palma de Mallorca. Spanish law applies.
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Palma de Mallorca 2023
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