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Términos y Condiciones Generales de Contratación

Términos y Condiciones Generales de Contratación

ALAVELA YACHTING SL is a company dedicated to the repair and rental of boats and the teaching of their driving.

These General Conditions of Contract, together with the General Conditions of Use and, where appropriate and when applicable, the Particular Conditions, will expressly regulate the relationships established between ALAVELA YACHTING SL, (hereinafter, “Lessor”) and the users who contract the provision of the services or products offered through this Website (hereinafter, “Renter”).

These General Conditions have been prepared in accordance with the provisions of Law 34/2002, on Services of the Information Society and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Royal Decree 1906/1999 by the that regulates Telephone or Electronic Contracting with general conditions in development of article 5.3 of Law 7/1998, Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Defense Law of Consumers and Users and other complementary laws, Law 7/1996 on the Regulation of Retail Trade, Royal Decree-Law 14/1999 regulating Electronic Signature and any legal provisions that may be applicable.

ALAVELA YACHTING SL. informs you that it is the owner of the WWW.ALAVELAYACHTING.ES websites, in accordance with the requirement of article 10 of the aforementioned Law. ALAVELA YACHTING SL. informs of the following information: The owner of this web page is ALAVELA YACHTING SL., with CIF B – 02663797, registered in the Mercantile Registry of Seville, volume 6997, book 0, folio 184, section 8, page SE 129006, 1st entry and residing at AVENIDA REPÚBLICA ARGENTINA 24 PLANT 13 of SEVILLA province of SEVILLA 41011.

  1. The lessor undertakes to deliver the boat in perfect seaworthy conditions and properly equipped.
  2. The boat is fully insured, the insurance conditions, assumptions covered and compensation, are those that work in the corresponding policy, which is available to the lessee if he wishes to inspect it. The lessor will request the lessee the corresponding deposit, by means of a credit card. credit, as a guarantee of good use of the boat. Said deposit will cover the damages produced to the boat, extraordinary expenses, and subsequent delivery to the lessor of the remaining amount. The lessor reserves the right to dispose of said deposit until the complete inspection of the boat for a period not exceeding one week from the delivery of the same.
  3. The expenses for supplies, fuel, gas, ice, moorings other than the base port, port taxes, taxes, port duties and, in general, all consumable materials necessary for the good order and care of the yacht during the lease period will be for tenant account. The pertinent inventory of supplies, equipment, stocks, etc., of the contracted vessel will be carried out at embarkation and disembarkation.
  4. The shipment of arms, drugs and animals is totally prohibited. The contractor may only embark the number of people authorized by the Certificate of Navigability of the vessel.
  5. The lessee will be responsible for not throwing garbage into the sea or on the beaches, as well as the correct use of the vessel’s containment tanks. It will deposit all solid waste in the respective containers of the ports where it calls.
  6. Subcontracting is totally prohibited. The contractor is obliged to use the yacht only for himself, family, friends or his own staff, being totally prohibited the transport of goods, paying passengers, commercial fishing, regattas or other activities not contemplated in recreational navigation.
  7. The lessee will be responsible for the illicit acts that may be committed during the term of this contract and consequently for the faults in which they have consciously or involuntarily incurred, responding for this directly to the relevant authorities. In case of violation by the contractor of customs ordinances, he will be responsible for all sanctions, fines, etc. In the event of sealing of the rented boat for these reasons, the lessee will have to pay the lessor an indemnity equal to the rental rate in effect until the delivery and free disposal of the boat.
  8. The lessee declares to have the knowledge, experience and qualifications necessary to properly govern the rented boat and will deliver a copy of its nautical title to the lessor. It is a necessary condition to be able to rent a boat to be of legal age (18 years). However, the lessor reserves the right not to make the boat available to the lessor if the practice indicates a clear lack of skill. In this case, the amounts received will be returned and the contract will be terminated, not giving rise to any claim for damages. The contractor must deposit a deposit of 2,000 euros for rentals of more than one day and 1,000 euros for rentals of a single day. The deposit, amount given as a deposit, will serve as a guarantee for the correct fulfillment of this contract, as well as to cover any damage caused to the boat or to cover possible losses of the equipment that supplies it or the damage caused to it. Any of the aforementioned reasons will result in the lessor being able to retain the deposit to cover the derived expenses and later sending the remainder to the lessee. If the deposit is not sufficient to compensate the damage caused to the boat by the lessee, the lessor will proceed to the judicial claim against the lessee for the amount not covered by said deposit. The lessor reserves the right to dispose of the amount of the deposit for a period of one week if it is not possible to fully inspect the boat on the day of disembarkation.
  9. The lessee agrees to use the boat with due diligence. However, in the event that an accident or breakdown occurs in the boat, the lessee will immediately inform the lessor of what happened. Negligence in the use of the boat in violation of current legislation will be grounds for immediate termination of the contract, leaving the amounts paid in favor of the lessor.
  10. The fact that the lessee is deprived of using the yacht, partially or permanently, due to a breakdown produced during the lease period, will not entitle him to request a refund of the amounts paid, not even partially, whatever Whatever the cause of the breakdown, except in the event that it was manifestly attributable to the negligence of the lessor, in which case the tenant may choose between using a similar boat in performance or being reimbursed for the days remaining to fulfill the contract, without other responsibility.
  11. If the lessee cancels or cancels the lease during the 90 days prior to the scheduled shipment date, the lessor will return 70% of the amounts received, granting the remaining 30% for filing and management expenses. The lease period cannot be varied except in accordance with the landlord.
  12. Failure to comply with payments, in the form, terms and amounts that are stipulated in this document, will suspend the validity of the rental contract, leaving the amounts received as a reservation as compensation in favor of the lessor, without other responsibilities.
  13. Each day of delay in the return of the rented boat to its agreed base, it will be billed at double the rate applied. Weather conditions are not a sufficient reason to delay the return of a boat.
  14. Any legal conflict arising from the application of this contract will be submitted to the Jurisdiction of the Courts of Marbella.
  15. This contract is translated as faithfully as possible in English, for those who prefer or better understand that language. However, in case of doubts or discrepancies in the interpretation of any of the clauses of this contract, the Spanish version will always prevail over its translation.