General Conditions Of Rental Agreement
Boat Koncept, Lda (hereinafter referred to as “Renter”), leases to Customer (hereinafter referred to as “Client”) duly identified in the contract, the vessel described in the same contract, under the terms and conditions specified in the Rental Agreement, from which the Customer becomes aware, agrees and, with its signature, undertakes to observe and respect.
- USE AND VESSEL STATUS
1.1 The Customer expressly declares that it has received the vessel in good working order, conservation and cleaning, suitable for navigation and equipped with all necessary equipment and indispensable for its proper functioning.
1.2 The vessel subject to the contract will always be delivered with the full fuel tank, and the customer must return it under the same conditions, otherwise he will have to pay the difference in fuel consumed, as well as a fee of € 50.00 by the supply service.
1.3 The Renter undertakes to inform the Client of all the characteristics of the vessel and all the specifics for its correct use.
1.4 The Renter undertakes to deliver a copy of the rental agreement to the Client, as well as the general insurance conditions (ANNEX I) that the Client contracts, the price of which is included in the rental price.
1.5 Upon delivery of the vessel, the Renter undertakes to deliver to the customer all documents of the vessel.
1.6 Upon check-in an inventory will be delivered to the customer – with their prices (ANNEX II) of all equipment and objects on board, which will be an integral part of the contract. At the time of landing the inventory will be reviewed and all missing or deteriorated objects will be deducted from the security value.
1.7 The Customer assures to be responsible for the vessel designated in the contract, and to this end has attested that it has knowledge and experience necessary to steer the rented vessel, and declares to have a navigation license accepted in Portugal.
1.7.1. Customer undertakes to show the above license to any authorities requesting it for the duration of this agreement.
1.7.2. If you do not have the necessary qualifications, you will be charged with a Skipper, as well as all the associated costs.
1.7.3. The Client will have to sign a disclaimer regarding the persons traveling with him or her for their acts.
1.8 The Client is obliged to declare the number of people to be transported and their name at the time of rental of the vessel.
1.9 Under penalty of exclusion from insurance coverage you agree not to allow the vessel to be driven by persons or persons other than those identified in the contract and accepted by the Renter.
1.10 The Customer undertakes not to use the vessel or to allow it to be used:
- In any sporting competition;
- Under the influence of alcohol, drugs or any narcotic drugs;
- To commit any crime or to transport illegal products;
1.11 The Client shall only use the vessel in Portuguese jurisdictional waters, up to 3 nautical miles from the port of shelter.
1.12 The Client undertakes not to leave the boat moored or at anchor outside a Port authorized by the Renter without persons on board. Failure to comply with this obligation will result in the exclusion of insurance coverage.
1.13 The Customer is liable for any fines and other penalties that the Courts and Authorities impose following any proceedings brought in connection with the use of the vessel.
1.14 The Customer is expressly prohibited from selling, mortgaging or pledging the vessel, this contract, documents or instruments of the vessel or making use of it in such a manner as to prejudice the Renter.
1.14.1 Any breach of the provisions of this article authorizes the Renter to remove the vessel from the Client, without prior notice and without prejudice to any compensation which, under legal or contractual terms, the Renter is required to satisfy.
- CONTRACTUAL OBLIGATIONS
2.1 The Client undertakes to use the rented boat with all care, considering the rules of good sailing and always respecting the current law.
2.2 The Client will be responsible for any loss or damage caused by him, as well as for any unjustified delay in delivery of the vessel.
2.3 The Client is obliged to notify the Renter of any damage or accident occurring during the term of the contract.
2.4 The cleaning of the vessel is the sole responsibility of the customer for the duration of the rental agreement.
2.5 The Customer shall immediately notify the Renter of any accident, or incident, regardless of its nature.
2.5.1 In the event of an accident of any kind, the Client shall deliver to the Renter a document detailing the causes, circumstances of the incident, elements causing the claim and indication of the witnesses thereof.
2.6 The Customer undertakes to return the vessel at the agreed date and time, otherwise the contract will be deemed terminated.
2.6.1 If the Client wishes to extend the rental of the boat, he / she is obliged to ask the Renter to authorize the extension of the contract, assisting the Renter to accept or not such extension, and if accepted, the Client undertakes immediately pay the amount corresponding to the respective extension of the contract.
2.7 The Renter is not responsible for any loss or damage to personal property from the moment of delivery of the vessel.
2.8 In the event of a breakdown during the rental period, the Renter is obliged to replace a vessel of the same or higher category or to refund the amount paid in proportion to the missing rental period.
2.9 If the Renter is late in delivering the vessel by at least 24 hours for reasons of force majeure, the Customer may request the return of the amounts corresponding to the delay period. If the reason is not force majeure, the customer may terminate the contract with the subsequent delivery of all amounts paid.
3.1 Prior to boarding, Customer will be required to provide the Renter with a cash deposit to ensure payment of any damage arising from misuse or neglect, breach of contract, equipment loss, lack of fuel replacement or delays in delivery of the vessel.
3.1.1 In situations where the payments to the Renter are higher than the amounts secured, the insurance will be triggered.
3.1.2 If the use of the deposit is not required, it will be returned in its entirety at the end of the check-up of the vessel.
3.1.3 The security cash deposit amount will be from € 300 to € 500.
3.2 The vessel object of the contract will only be made available after the payment of the total rental price, to be made in the following terms.
– 50% of the total amount at time of booking
– 50% of value before shipment
3.3 Customer will be responsible for paying all expenses, including legal fees, attorney’s fees, solicitor’s or outside collection companies hired by Renter to obtain payment of any sums due by Customer.
4.1 The insurance price is included in the rental price.
4.2 In all cases of damage caused by negligence or wilful misconduct, or abandonment of the vessel, the insurer’s deductible will be charged.
- COMPLAINTS AND APPLICABLE LAW
5.1 Any complain will only be subject to analysis if delivered until the time of landing.
5.2 Any breach of this clause authorizes the Renter to terminate the contract, to request the immediate return of the boat to the customer without notice, without prejudice any compensation, under legal or contractual terms, the latter is obliged to fulfil and satisfy.
5.3 Any and all changes to the terms of this agreement that have not been agreed in writing will be null and void.
5.4 The amounts paid for the rent will be charged and not refunded, even if the customer does not use a boat in question, provided that the reason for this is not due to the Renter.
5.5 All notices when using the terms of this agreement shall be used for the constants contained therein, which the recognized parties shall be deemed to be or their domicile agreed, for all legal purposes, forcing to notify the other party of any change.
5.6 Unless otherwise provided by law, the parties agreed to define Setúbal court to address any conflict arising therefrom, and to exclude any other.
This document is an integral part of the Rental Agreement.
The contracted rates are valid until 12/31/2020
Boat Koncept – Rua Principal Praias do Sado – Tensai Indústria – Pavilhão D18 2910-857 Setúbal – NIF: 514 463 066- Alvará RNAAT 579/2018 – www.boatkoncept.pt – email@example.com – Tel +351 925 128 885