Terms and Conditions
SECTION 1) CHARTER FEE AND THE INITIAL DEPOSIT
- Before point of transfer on the day, BOAT CHARTER MALLORCA requires the client to pay their deposit in advance before boarding the boat. Failure to make payments arranged shall cause the cancellation of this contract by BOAT CHARTER MALLORCA and will retain it as compensation any amounts received at the time of reservation.
- The Initial deposit can either be paid by cash (Euros) or by our PayPal system.
- Initial Deposits are variable throughout the year and BOAT CHARTER MALLORCA holds this right to change its prices when desired before the Charterer has confirmed its booking.
- BOAT CHARTER MALLORCA requires a deposit from the charterer at the time of any booking. The initial Deposit amount will vary depending on how early or late the Charterer confirms their booking.
- Paying by debit or credit cards may be subjected to a three percent (3%) gross charter fee due to bank charges for transfers.
- The amount shown for the charter shall be paid as follows-
- Fifty percent (50%) – On conformation of the contract to secure the reservation.
- Fifty Percent (50%) – One Calendar month prior the commencement of the charter period.
- Any booking made within 30 days before commencement of the charter period requires one hundred percent (100%) full payment of the charter and any extras.
SECTION 2) DELAYED RETURN
- The delayed return for any boat to BOAT CHARTER MALLORCA at the relevant point of transfer, the charterer will be held responsible and will be accountable for the penalty Notice. Daily rate of the penalty will be fifteen percent (15%) of the overall rate every hour the boat is delayed. For any loss or damage incurred on the relevant boats by BOAT CHARTER MALLORCA the charterer will indefinitely pay the fine caused.
- Where the return of any boat to BOAT CHARTER MALLORCA at the relevant point of transfer is delayed due to a mechanical failure of any nature, it is the charterer’s responsibility to immediately notify BOAT CHARTER MALLORCA Following such events and accepting the terms and conditions of agreement, the charterer will not pay the resulting penalty or any other costs.
- If the client is late by 2 or more hours and has failed to notify BOAT CHARTER MALLORCA of its arrival, emergency procedures will be activated and the coastguard will be contacted. Any costs incurred from the coastguard or local authorities will be at the responsibility of the client.
SECTION 3) LIMITED NUMBER OF PEOPLE
- By exceeding the limited number of people allowed aboard any boat by BOAT CHARTER MALLORCA at any point during the duration of the charterers time period will result in a violation of terms and conditions of agreement. Therefore BOAT CHARTER MALLORCA will be permitted to terminate the terms and conditions of agreement by right and will be authorized to notify the charterer to disembark and return the boat to the relevant point of transfer. Breaching the terms will result in no reimbursement of the fee paid in advanced. Damages caused through failure to comply with this clause, shall be paid by the client.
SECTION 4) CRUISING AND AGREED AREAS
- It is the client’s responsibility to obey and operate the boat in areas and laws within the regions discussed by BOAT CHARTER MALLORCA and the SPANISH MARTITIME LAW. Failure to comply in the agreed areas where BOAT CHARTER MALLORCA is not licenced or insured will be a breach of terms and conditions of agreement. Therefore BOAT CHARTER MALLORCA holds the obligation to request the client to disembark the boat at the agreed point of transfer.
- Failure to uphold the terms and condition of agreement will result in no reimbursement and of the charterer’s fee or deposit.
SECTION 5) OPERATION OF THE VESSEL
- If the client is unable to control and operate the boat in a safe and seaworthy manner under the Spanish Maritime Laws, BOAT CHARTER MALLORCA is therefore required to terminate the terms of agreement and request the boat to the point of transfer.
- The chartered boat may only be sailed by those persons who are qualified to do so. During the charter, the boat shall be used responsibly and according to the instructions and regulations of the shipping authorities, customs, Guardia Civil, Police and port authorities of Spain.
- If the charterer is unable to operate the boat in a seaworthy manner before the point of transfer, BOAT CHARTER MALLORCA will provide the services of a professional captain at the expense of the charterer.
- It is forbidden for boats with one engine to sail or go over 20 knots beyond 2 miles of the coast, North West of the Isla Dragonera and Club Nautico Arenal in Palma. All boats are forbidden to go within two hundred (200) meters of the coastline.
- The charterer will also pay all operating costs (Such as petrol, lubrication oils) and also bear the costs for any port the charterer would like to stay in other than the yachts moored port.
- Any fines imposed for infringing such depositions, shall be paid by the client.
SECTION 6) REPLACEMENT POLICY
- Where a boat offered by BOAT CHARTER MALLORCA cannot be provided to the client by unforeseen events, previous charter breakdowns or any reason beyond the control of BOAT CHARTER MALLORCA, BOAT CHARTER MALLORCA will offer the client the opportunity to rent another boat with a similar layout design or similar dimensions with equal or similar performance levels as agreed previously.
- If the client declines offers made from BOAT CHARTER MALLORCA replacement policy, they are entitled to a one hundred percent (100%) reimbursement for any amounts paid. The charterer is also not eligible to receive an indemnification package.
SECTION 7) BREAKDOWN AND DISABLEMENT
- If the boat by BOAT CHARTER MALLORCA becomes disabled after the beginning of point of transfer for any reason that makes the boat impossible to continue, (reasons must be explained) the charter period will therefore be terminated and all fees incurred will be discussed and concluded at a later period.
- If a boat by BOAT CHARTER MALLORCA becomes disabled due to a mechanical failure, BOAT CHARTER MALLORCA will offer the charterer the opportunity to rent another boat with a similar layout design or similar dimensions with equal or similar performance levels as agreed previously. The client is also entitled to a one hundred percent (100%) reimbursement for any event of this nature.
- The Charterer is not eligible to receive an indemnification package.
SECTION 8) COMPLAINTS POLICY
- BOAT CHARTER MALLORCA complaints policy to the client is that of any issues that arise, the charterer has the opportunity to notify BOAT CHARTER MALLORCA upon arrival to the boat rather than at the end of the charter time period. BOAT CHARTER MALLORCA therefore holds the right of no liability once this term is violated.
- All complaints afterwards must be submitted by a written letter to BOAT CHARTER MALLORCA within a maximum time frame of 10 days. Complaints after 10 days of their charter will not be acknowledged and no claim accepted.
- BOAT CHARTER MALLORCA will not assume liability if the fault is caused by the client or any member of their party, an unconnected third party or an event which we could not have foreseen or avoided
SECTION 9) CANCELLATION POLICY
- When BOAT CHARTER MALLORCA receives a cancellation for its bookings for whatever reason, the client (or whose name is specified on the booking confirmation) must notify BOAT CHARTER MALLORCA.
- ALL reasons for cancellations are not debatable when paid the deposit or full cost.
- BOAT CHARTER MALLORCA cancellation policies will be subjected to the following fees-
- A booking over 30 days (or conformation of the contract) in advanced will be subjected to a NO charge fee and will receive their deposit or amount paid. (Initial deposit 50%)
- A booking less than 30 days in advanced will be subjected to a charge of sixty percent (60%) of their original booking deposit or amount. (Initial deposit 50%)
- A booking less than 10 days in advanced will be subjected to a charge of one hundred percent (100%) of their original booking or amount. (Initial deposit 100%)
SECTION 10) RULES AND REGULATIONS OF THE USE OF VESSELS
- The charterer and his or her party must obey to the rules and regulations of the countries in whose territories the boat is under whose jurisdiction. The Spanish Maritime Law must be obeyed at all times in the time period by the charterer.
- BOAT CHARTER MALLORCA is exclusively for entertainment charters and not for commercial use or third party use. Under no circumstances whatsoever, therefore can the boat be issued for commercial operations, professional fishing, transport, regattas, sports competitions and any other non-competitive activities for which the Boat is not intended.
- The client is not to hand over or hire the yacht to a third party without the written consent of BOAT CHARTER MALLORCA
- The Charterer and their party must act accordingly in a well-mannered behavior and must not disturb any third parties in the duration of the time period.
- BOAT CHARTER MALLORCA strictly prohibits the procession and consumption of Illicit drugs in any of the charters.
- BOAT CHARTER MALLORCA strictly prohibits the procession and use of illegal weapons including firearms and other dangerous weapons
- The Charterer must ensure that goods and accessories belonging to the boat must be brought back to the point of transfer. If goods and accessories inspected afterwards are deemed to be damaged, the charterer must pay an additional fee. BOAT CHARTER MALLORCA inspects all boats immediately after their return.
- The Charterer and their party are strictly prohibited in any dangerous areas of the boat. A violation of this regulation will be a breach of the terms and conditions of agreement.
- BOAT CHARTER MALLORCA refrains from third parties entering the vessel who do not belong to the original party unless notified before the point of transfer.
- BOAT CHARTER MALLORCA prohibits smoking interior. The charterer and its party have to smoke exterior. Failure to agree with this regulation results in a €100 penalty.
- If the boat is confiscated by the local authorities due to the fault of the client through misconduct, BOAT CHARTER MALLORCA shall charge a fixed daily fee of seven hundred and fifty euros (€750) until the boat is returned, plus any damages caused will be paid for by the client.
SECTION 11) INSURANCE
- BOAT CHARTER MALLORCA recommends that the client takes out travel Insurance with their company provider or choice to protect its party from unseen events or cancellation.
SECTION 12) END CLEAN
- A fee of fifty euros (€50) will be charged for the cleaning of the boat at the end of the charter period.
SECTION 13) REIMBURSEMENT POLICY
- If not stated in advance or agreed upon, BOAT CHARTER MALLORCA reimbursement policy is that for any liabilities incurred by the Charterer, BOAT CHARTER MALLORCA holds the right to keep in part or in full keep the deposit to satisfy the liabilities incurred.
- Where the Charterer is guaranteed a full reimbursement, the payment will be made the same way that it is received by BOAT CHARTER MALLORCA
- Timing of Reimbursement will be no later than one week if not notified in advanced by BOAT CHARTER MALLORCA
- Deposits paid by PayPal may be subjected to exchange rate variable. A reimbursement deposits made by PayPal will be credited, Please see PayPal´s Terms and conditions.
SECTION 14) PETROL RULES
- Petrol is not included in the daily charter fee and is at the cost of the client. The Captain (If provided) will be nominated by BOAT CHARTER MALLORCA and is the only person permitted to drive the boat for the skippered charter.
- If the boat is a bareboat charter the cost of the petrol is paid by the client. BOAT CHARTER MALLORCA will request that its clients hand over the boat with a full tank of fuel, which is how the client must return it, otherwise he must pay for the amount used.
- The charterer shall meet a member of BOAT CHARTER MALLORCA team at the ports fuel quay at the end of the charter period to refuel the boat.
- Failure to refuel the boat will incur a one hundred euro (€100) fee plus IVA plus fuel costs and will be deducted from the security deposit.
SECTION 15) EXTRA COSTS
- Extra cost in addition to the charter fee such as harbour fees outside home port, divers fees, customs formalities, national/Local taxes as applicable and food & Beverage services for the charters time of period are at the cost of the client.
SECTION 16) DAY CHARTERS- 10.00HRS UNTIL 18.00HRS
SECTION 17) IF CHILDREN ARE TAKEN ON BOARD, THE CHARTERER SHALL BE FULLY RESPONSIBLE FOR THEIR SAFETY AND CONDUCT. WE STRONGLY ADVISE THAT CHILDREN WEAR LIFEJACKETS AT ALL TIMES.
SECTION 18)THE CLIENT ACCEPTS THE ABOVE CLAUSES, CONFIRMING THIS AGREEMENT BY SIGNING THIS CONTRACT BELOW.