The entity “Yacht Fun, S.L” is a company specialized in the rental of nautical sports equipment, having an establishment open to the public located on Carretera Anratx, no. 34 of Portal Nous, municipality of Calviá (CP. 07180).
That, by virtue of the foregoing considerations, the Parties, of their free and spontaneous will, have agreed to grant this lease agreement (hereinafter, “the Agreement”) subject to the following,
CLAUSES
That the Lessee declares to be of legal age, which he accredits by presenting the Lessor with the original of his passport, being from this moment the person who will be responsible for the rented sports equipment.
The Lessee states that, prior to formalizing this contract, he has had access to the sports equipment that is the object of this contract, stating that it is in perfect condition for use and conservation for the practice for which it will be used.
In the same way, the Lessee declares that he has received a complete explanation about the rules of use and safety of the equipment and / or material, which he has understood and undertakes to comply with.
The material rental payment will be made in advance in cash or by credit card, for the total amount of the service and at the time of collection.
The data provided by the client, will be used exclusively for the correct provision of the contracted service, being able to reliably interest and in accordance with the law, its access, rectification, cancellation or opposition through communication by any means to the lessor.
The lessee declares to be in perfect health and in the necessary conditions to practice this sport as well as that he has sufficient knowledge to use the material on his own, assuming the risk derived from the natural environment and the characteristics of the activities to be carried out.
The rental equipment will be returned in the same place where it was delivered by the person responsible for the lessor and will be returned on the date, time and place agreed by the Lessor of the material and the person who rents it (Lessee). Serious non-compliance with the schedule will imply a surcharge of an extra half day of rental. The delivery before the end of the contract will not cause any type of payment or reimbursement.
Responsibility
The lessee is responsible for being insured with adequate coverage against risks that may arise during the rental period. The Lessor is not responsible for claims for accidents, injuries, blows or damages caused to himself or to third parties (persons or property) during the rental period.
The Lessee assumes absolutely all responsibility derived from the use of the rented material as well as the activities carried out, declaring that in no case is the Lessor responsible for possible accidents, losses, loss or death that may occur, thus renouncing by means of this contract the possibility of claiming compensation or responsibilities from the lessor for what may occur during the use of the rented material or the activities carried out.
In relation to the foregoing, the Lessee undertakes not to be influenced by the effects of alcoholic, psychotropic, exciting or hallucinogenic substances, at the time in which he is using the leased equipment and/or material.
The Lessee is obliged to take good care and take all necessary precautions to protect the material, such as not leaving it face up in the sun and not sitting on the material in the sand/rock, etc.
It is prohibited to assign, sell or exchange the leased material.
The Lessor may unilaterally terminate the contract before the date and time of its conclusion in the event of serious breach by the Lessee in the use and care of the material. In this case, the Lessor may take immediate possession of the material in the place where it is located, without the Lessee having the right to any type of claim or compensation.
The Lessee may extend the duration of this contract by communicating it to the lessor through telephone or email, before the date and time of its termination. In this case, if the lessor so requires, a new contract must be formalized.
For the extension of the contract to be valid, the Lessor’s written consent must be recorded and the full payment of the new rate applied must be accredited.
The sports material will be returned in the same delivery conditions, if this is not the case, the Lessee must report the damages that have occurred and must be responsible for them.
All legal expenses arising from breach by the lessee of the obligations established in this contract will be borne by the lessee.
The contracting parties, renouncing any jurisdiction that may correspond to them, expressly submit to the interpretation, compliance and breach or execution of this contract to the Courts and Tribunals of Palma de Mallorca and to Spanish law.
And for it to have the appropriate effects, this contract is signed in duplicate in the place and on the date indicated in the heading of this document.
Delivery Policies
The sports material will be collected by the Lessee from the company premises in Carretera Andratx n34, Portals Nous Calvia 07180. If arranged 48 hours prior to the start of the booking, the Lessor will deliver the sports material for a fee to a determined location. The lessee is responsible for being at the stated location for the start time of the contract. The Lessor will collect the sports material at the end of the rental period from the same location and is not responsible for any changes. Should the Lessee change the location of collection, the Lessee is entitled to pay an additional 50 euros.
Cancellation and return policy
The Lessor may unilaterally terminate the contract before the date and time of its conclusion in the event of serious breach by the Lessee in the use and care of the material. In this case, the Lessor may take immediate possession of the material in the place where it is located, without the Lessee having the right to any type of claim or compensation.
The Lessee may extend the duration of this contract by communicating it to the lessor through telephone or email, before the date and time of its termination. In this case, if the lessor so requires, a new contract must be formalized.
For the extension of the contract to be valid, the Lessor’s written consent must be recorded and the full payment of the new rate applied must be accredited.
Should the Lessee cancel the contract 72 hours prior to the start of the rental, they are entitled to a full refund of the payment taken. The refund will be issued via transfer or bank return. Should the lessee cancel the contract 48 hours prior to the start of the rental, they are not entitled to a full refund of the payment taken.