Terms and Conditions

Terms of use of this website and terms of contracting services provided by “Rent and Boats”

1. Introduction

This document (together with all the documents mentioned therein) establishes and collects the conditions governing the use of this website (www.rentandboats.com), as well as the contracting of the services offered through it. (hereinafter, the “Conditions”). Please read carefully these Conditions, our Cookies Policy and our Privacy Policy (together, the “Privacy Policies”) before using this website (hereinafter, the “Website”).

By using the Website or contracting our services through it, you expressly accept all the provisions contained in these Conditions and consent to be bound by them and our Privacy Policies, so if you are not In accordance with all the Conditions and with the Privacy Policies, we recommend you not to use this Website. If you have any questions or questions related to the Conditions or the Privacy Policies you can contact us through the following contact channels:

Phone: +34 617975452

E-mail: info@rentandboats.com

We reserve the right to modify the Conditions. The modifications introduced will not be retroactive and, except for possible exceptions depending on the specific case, will be applicable from the moment of publication on the Website.

2 About Begum Yachting Spain, S.L.

These Conditions regulate the provision of the services presented on this website by the company:

BEGUM YACHTING SPAIN, S.L. (hereinafter, “Rent and Boats”).

Registered office: Calle Bernat de Buadella, 4, Entresuelo, 07012, Palma de Mallorca.

Registered in the Mercantile Registry of Mallorca in Volume 2658, Folio 186, Page PM 78.770 and with C.I.F. B-57967564.

3 Definitions

For the purposes of these Conditions, as well as the Privacy Policies, it will be understood as:

Vessel, is any type of device capable of navigating on or under the water offered through this Website whether it be sailboats, boats, catamarans, jet skis, etc.

Owner, to the owner of the vessel that leases it, which may be any individual or legal entity, whether private or professional, engaged in said activity.

Tenant, to the individual or legal entity that leases the Vessel.

Hereafter, Owner and Tenant may be referred to collectively as “users”).

Lease, is the cession of temporary use of the Vessels by the Owner in favor of the Tenant.

4 Conditions of access and use of this Website

By using this Website and hire the services of Rent and Boats through it, you declare to be over 18 years of age, have the legal capacity to enter into contracts and commit to:

1. Make use of this Website only to make inquiries or contract legally valid services.
2. Make exclusive use of the Website, and all its contents, for lawful and non-prohibited purposes, that do not infringe the current law and / or may be harmful to the legitimate rights of Rent and Boats or any third party, and / or that may cause any damage or injury directly or indirectly.
3. Do not hire any false or fraudulent service. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the pertinent authorities.
4. Provide us with your email address, postal address and / or other contact information in a truthful and accurate manner. In case you do not provide us with the required information, we will not be able to process your request.

5 Hyperlinks

In the event that our Website contains links to other websites and third-party materials, such links are provided solely for informational purposes without Rent and Boats having any control over the content of such web pages or materials.

In this sense, Rent and Boats is not responsible for the content of these websites, nor is placed in a position of guarantor or part bidder of the products or services and / or information that may be offered through such links. third parties.

The establishment of hyperlinks does not imply in any case the existence of relations between Rent and Boats and the owner of the websites in question, nor the knowledge, acceptance or approval by Rent and Boats of its contents or services.

6 Industrial and intellectual property rights

The users are obliged to respect the industrial and intellectual property rights of Rent and Boats. In this sense, the use or granting of access to this Website does not imply the granting of any rights over trademarks, trade names or any other distinctive sign used in it.

You may download the Website from your terminal provided it is for private use, without any commercial purpose, so you may not exploit, reproduce, distribute, modify, publicly communicate, assign, transform or use the content of the Website for purposes public or commercial. Likewise, said contents are the intellectual property of Rent and Boats, without which users may be understood to be assigned, by virtue of the provisions of these Conditions, none of the exploitation rights or any others that exist or may exist on the contents beyond what is strictly necessary for the correct use of the Website.

7 Rent and Boat Responsibility

Notwithstanding the provisions of these Conditions, the regulation of the Leasing of Boats is marked by the terms and conditions agreed between Owner and Tenant by signing the corresponding contract, in which Rent and Boats is neither a party nor intervenes. In this sense, Rent and Boats:

– Is not responsible for (i) any breaches in which Owner and / or Lessee incurred with respect to the subscribed contract and obligations assumed between both, nor any disagreement or disagreement that may arise between them.

– Is not responsible for the non-payment or lack of funds by the Tenant.

– It is not obliged to repair any direct or indirect damages that may arise due to breaches of the corresponding obligations of Owner and Tenant.

– It does not act as an intermediary, but its action is limited, solely and exclusively, to the facilitation of the agreements that will subsequently be signed between the Owner and the Renter, and therefore charge the corresponding fees.

– It does not guarantee that the information provided by the users is accurate, complete and correct, so it will be the user who has provided the information in question, who is responsible for any damages or losses that could be caused to the other party.

In any case, it is expressly agreed that the responsibility in which Rent and Boats may incur in relation to the services provided through the Website shall not exceed the total amount charged by Rent and Boats to the Renter.

8 How to operate through the Web Site.

8.1 Registration process

In order to access and use the Website, users must:

(i) Register and create an account through the corresponding form, whether in the condition of Owner or Tenant.

In this regard, Rent and Boats will request a series of mandatory information and documentation, depending on the user’s profile, in order to verify the ownership, characteristics and conditions of the Vessels, as well as the identity, faculties and qualifications of the users, among others. In this sense, Rent and Boats:

o It is not responsible for the veracity of the data and information entered by users through the corresponding forms, whether they are Owners and / or Tenants.

o In case of detecting deception or falseness in the information provided by the users, impersonation of the identity data of the same or operations outside the usual activity, we reserve the right to eliminate the corresponding account, thereby preventing access and hiring through the Website.

o In case of not having the information / documentation required in the terms and conditions established based on the user’s profile, Rent and Boats will be unable to provide the requested services.

In the event that users detect that an error has occurred when entering their data or those of the Vessel, where appropriate, during their registration as a user, they may modify them in the “my profile” section. In any case, they may correct errors related to the data and information provided through the telephone +34 697975452 or the email address info@rentandboats.com.

(ii) Be the holder of an active email address or mobile line to be able to contact them and,

(iii) Accept the present Conditions as well as the Privacy Policies.

8.2 Nautical coverage insurance

The Boats must have subscribed, in any case, an insurance policy in accordance with current legislation, regardless of the nationality and characteristics of the Renter. In this sense, the Owner is obliged to inform the insurance company of the leasing activity to which the Vessel is destined.

8.3 Publication of the announcement and reservation process

Once the Owner has completed the corresponding form and analyzed all the information and documentation required by Rent and Boats, the announcement of his / her Vessel / s will be published on the Website.

For their part, the Tenants may proceed to reserve one or more of the published Vessels that best suits their experience and needs at all times, and once read and accepted the conditions and characteristics of the Vessel offered by each one of them. the Owners.

Once the Vessel is chosen,

1. The Tenant will make the reservation indicating the date of beginning and end of the Lease, as well as the extras that, in his case, will be offered by the Owner.
2. Rent and Boats:

(i) Transfer the reservation to the Owner who, within a maximum period of 72 hours, must accept or reject the offer. Once said time has elapsed without an answer by the Owner, the reservation will expire, without this implying any charge to the Owner.

In the event that the reservation of the Vessel is made at the last moment (“last minute”), that is, within the 3-hour period prior to the start of the requested Rental, Rent and Boats will make its best efforts to guarantee a confirmation of the Owner as soon as possible. In case of not getting an answer from the Owner, the expired reservation will be understood.

(ii) Contact the Owner and Tenant, with the sole purpose of resolving any doubts they have or information they need. This contact will be made through the chat enabled for that purpose by Rent and Boats.

3. Once the Owner has accepted the proposed reservation, Rent and Boats will notify by email to the Lessee the confirmation of the same, as well as the extras, where applicable, indicating in said communication, the information related to:

– Data of the reserved Vessel.

– Date and place of collection and delivery of the Vessel.

– Extra services requested by the Renter and accepted by the Owner (skipper for the Vessel, catering service, etc.)

– Specific conditions required by the Owner (acceptance of animals, requirement and conditions of return of the deposit, level of the gas tank at the time of return, cancellation policy, etc.)

– Breakdown of the price to be paid by the Renter, both in favor of the Owner and Rent and Boats for the services rendered.

4. The effective payment of the price by the Tenant will imply the perfection of the reservation, information that will be communicated to the Tenant as a confirmation of the same.
5. Once the payment has been made by the Renter, Rent and Boats will contact the Owner and the Renter.

Users are obliged to use this information only in the framework of the lease and agree not to contact directly with the other user in the future to sign any lease contract.

6. At the time of delivery of the Vessel, Owner and Tenant will carry out an inventory and sign the corresponding lease agreement. In the same way, at the time of the return of the Vessel, an exit inventory will be made.

9 Rates for the services rendered by Rent and Boats through the Website.

In general, for the services provided through the Web Site, Rent and Boats will charge the Owner 15% of the total rental price.

Notwithstanding the foregoing, said percentage may vary in case of contracting by the Owner of the following additional services:

• […]% / Euros, in case of contracting the “Premium” Publication Service, which will mean the appearance of your advertisement in the […] first positions of the search engine on the Website.
• […] Euros, in the event that Rent and Boats is requested to manage, as well, the change of registration / list of the Vessel to be able to allocate it to the Lease.

The payment of the price, as explained above by the Renter will be made by credit or debit card through the Website.

Unless otherwise indicated, the price of the Lease:

– Includes the cost of mooring the Vessel, as long as the Lease does not last longer than 24 hours. In the event that the duration of the Lease is greater than 24 hours, the Lessee will be responsible for any expenses that may be incurred for such concept.

– Does not include the price of fuel.

10 Cancellation conditions.

The cancellation of reservations will be communicated by users to Rent and Boats through notification through the user account and in accordance with the terms and conditions described in this section.

10.1.1 Cancellation due to Force Majeure

For these purposes, they will be understood as a cause of force majeure:

– Natural catastrophes in the area of ​​origin or location of users, as well as in the planned navigation area. As an example:

• Storms of great magnitude.
• earthquakes.
• floods.
• tornadoes.
• tsunamis.
• forest fires.
• blizzards or snowstorms.

– Security alerts due to mobilizations or political disturbances in the area of ​​origin or location of users, as well as in the planned navigation area. As an example:

• riots or acts of violence.
• increase of military presence.
• significant damage to the infrastructure of the area.

– Legislative or regulatory changes that prevent the Leasing of the Vessel or its navigation.

– Death of one of the users or of a direct relative, as well as of any member of the group that was to navigate.

– Serious illness of one of the users or a relative, as well as any member of the group that was to navigate.

– Obligations imposed by the authorities, such as: subpoenas or court appearances, restrictions on travel or absence due to a military mission of one of the users or a family member, as well as any member of the group that was to sail.

– Serious damage to the Vessel that prevents safe navigation for Tenants.

– Closure of ports, airports or roads that make it impossible to travel to the port where the Vessel is moored.

In the event of circumstances that constitute a situation of Force Majeure, the user in question may request (i) the postponement of the reservation at a later date (subject to the availability of the Owner’s Vessel) or (ii) cancellation of the reservation.

In any case, the user must communicate and justify to Rent and Boats, within 12 hours after the scheduled start of the navigation, the circumstances that constitute the Force Majeure.

In case of cancellation, or impossibility for any of the users to postpone navigation, the Owner will be obliged to return to the Tenant 100% of the amount paid by the latter, within 5 days after the justification to the other party of the cause of cancellation.

In no case the cancellation by any of the users will imply the return of the amount charged by Rent and Boats for the provision of their services.

11 User opinions and evaluation of the experience.

Users may evaluate another user with whom they have signed a lease, by writing a comment and / or through the rating system established on the Website.

In accordance with the above, users expressly authorize and consent to the publication in the public profile of the user of the comment and the rating of the experience with the other user.

Users can not delete a comment written by another user, although they have the right to respond to comments

Notwithstanding the foregoing, Rent and Boats reserves the right to remove any message that violates current regulations (be racist, discriminatory, contrary to good conduct and public order, etc.) at its sole discretion and eliminate any account in case of repeated inappropriate comments.

12 Obligations of the Owner

The Owner of the Vessel is obliged to:

– Comply with the current administrative regulations, both state and autonomous, regarding maritime navigation, as well as having the necessary permits and licenses for it.

– Provide the information required by Rent and Boats at any time, proving the ownership of the Vessel, as well as its full availability for the assignment of the same in lease to third parties.

– Register the Vessel in the corresponding List suitable for the use to which it is being used, making the obligatory renewals in the legally foreseen terms.

– Contract an insurance policy valid for the entire period during which the Boat Lease is offered and agreed and maintained a valid insurance during the period of the publication of the corresponding announcement.

– Provide the Vessel with all the technical equipment, security systems, rescue and other mandatory equipment, keeping them in full working order and with the necessary revisions.

– Verify the identity of the Tenant, as well as that he / she possesses the certification and / or qualifications required for navigation on the Vessel, prior to the start of the lease.

– Do not enter into boat leasing contracts directly with the registered Rent and Boats tenants whose reservation was made through the Website without using the technical means made available by Rent and Boats.

13 Obligations of the Tenant

The Boat Renter is obliged to:

– Be the owner of the credit or debit card used to reserve the boat.

– Check, before signing the lease agreement, the suitability for navigation and the status of the Vessel in accordance with the conditions offered, the technical and administrative documentation of the mandatory vessel for navigation, the provision on board and operation of safety equipment according to the category of navigation and registration of the ship, and in accordance with the advertisement offered on the Website.

– Have the certification and / or qualifications and nautical qualifications required to navigate the Vessel, if applicable.

– Behave in a responsible manner during the duration of the lease and make responsible use of it.

– Comply, where appropriate, with all the obligations that may apply in terms of social security and taxation.

– Refrain from entering into boat leasing contracts directly with the Owners registered in Rent and Boats whose reservation was made through the Website, without using the technical means made available by Rent and Boats.

– Unless otherwise indicated, the Renter must return the Vessel with the full fuel tank.

14 Partial nullity.

If any of these Conditions were declared null and void by a final decision issued by the competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

15 Applicable legislation and jurisdiction.

The use of the Website and the hiring of services rendered by Rent and Boats will be governed by Spanish legislation. Any controversy that arises or relates to the use of the Website or with said contracts will be submitted to the jurisdiction of the courts of Palma de Mallorca.