KIWI Mallorca – a brand of Simarin Services Spain S.L.
GENERAL CHARTER CONDITIONS
KIWI Mallorca is a brand of Simarin Services Spain S.L. and rents out motor boats and yachts. The charterer rents the boat and pays the charter fee, the deposit and other agreed fees before or on the date indicated in paragraph 2 of this contract and to the account indicated therein.
PAYMENT OF CHARTER FEE AND OTHER AMOUNTS TO KIWI Mallorca by Simarin Services Spain S.L.
At the time of booking, fifty percent (50%) of the charter fee and, where applicable, the provision or withdrawal fee, will be payable to Simarin Services Spain S.L. Unless otherwise stated under “Conditions” in the contract, payment of the remaining sum is to be made before the start of the charter in cash or by credit card. We accept VISA, MASTERCARD and selected cash cards. We do not accept cheques.
If the booking must be cancelled for any reason, the charterer to whom the booking confirmation was issued must give written notice. The cancellation is valid from the date of receipt of the cancellation:
The following cancellation fees apply:
More than 30 days before the start of the charter: 50% of the charter fee
8 to 30 days before charter start: 70 % of the charter fee
Up to 7 days before charter start: 100 % of the charter fee
Due to the current unclear travel regulations by COVID-19, all early bookers whose flight is cancelled due to the new regulations will receive a 100% refund of the charter fee, without any processing fee.
To protect against unforeseen events, we recommend our customers to take out a travel insurance, travel cancellation insurance, which covers such events in case of emergency. This can be taken out through an insurance broker or a travel agency.
Simarin Services Spain S.L. reserves the right to adjust or change prices at any time, for bookings that have not yet been booked and confirmed.
The deposit must therefore be received or deposited with Simarin Services Spain S.L. at the beginning of the charter period before boarding the boat. Payments can be made in cash or by VISA- / MASTERCARD.
REFUND OF THE DEPOSIT
Unless otherwise agreed or specified, Simarin Services Spain S.L. will charge the deposit in whole or in part for liabilities of the charterer in accordance with the terms of the contract. However, if the deposit is not used for this purpose, it will be returned to the charterer without interest or credited to his VISA / MASTERCARD within one week of the end of the charter period or after any outstanding issues have been resolved (whichever occurs later). Please note that deposit payments by credit card may be subject to exchange rate fluctuations. Simarin Services Spain S.L. will not cover any bank charges or card fees.
The charterer may only operate the boat in sailing areas and within these areas only in areas for which the boat is licensed and insured. If the charterer drives the boat outside the sailing area, he is requested to drive the boat to the nearest appropriate port and to leave it. If this contract is about to be terminated, the charterer is not entitled to a refund of the charter fee or the deposit paid. The charterer shall bear any costs incurred for damage and the return to the home port of Simarin Services Spain S.L. The general insured sailing area is the Spanish Mediterranean within the 2-mile zone. For boats requiring a driving licence, a maximum distance from the coast of 5 nautical miles is observed. Furthermore, the charterer is prohibited from approaching the coast by boat further than 50 m. This applies especially to bathing beaches.
MAXIMUM NUMBER OF PERSONS
The Charterer shall not exceed the maximum number of persons allowed for the chartered yacht in any situation during the entire charter period. If, in the reasonable opinion of Simarin Services Spain S.L., the charterer breaches this rule, Simarin Services Spain S.L. may terminate the contract. In this case, the charterer must leave the boat in the nearest appropriate port and, once the contract has been terminated, will not be entitled to any refund of the charter fee or the deposit paid.
HANDLING THE BOAT
If the charterer rents a boat under this charter contract, he agrees to the following regulation: If Simarin Services Spain S.L. has reasonable grounds to believe that the charterer is not capable of operating the boat safely and seamanlike, the charterer will use the services of a professional captain designated by Simarin Services Spain S.L. at his own expense until such time as the latter believes that the charterer is capable of operating the boat without his assistance. The charterer will pay the operating costs incurred for the boat, especially the costs of fuel, lubricating oil, filters and harbour dues, except for the original berth in the home port. Costs for loss, breakage and other damage to the boat or its equipment caused by the Charterer (accidentally or intentionally) beyond normal wear and tear and normal wear and tear will be deducted from the Deposit. In case of predicted wind forces of more than 7 on the Beaufort scale, the charterer is not allowed to leave the respective shelter harbour or must immediately call at the next harbour or shelter to secure the boat.
a) If the return of the boat is delayed due to force majeure, this will be done as soon as possible thereafter; until then the terms of the contract apply and the charterer will not incur any fines or other costs.
b) If the charterer deliberately delays the return of the boat to Simarin Services Spain S.L. in the port of delivery, he shall immediately pay the daily rate for the mooring time plus forty percent (40%) to Simarin Services Spain S.L. by direct bank transfer. In the event of a delay in return of more than twenty-four (24) hours, the charterer will compensate Simarin Services Spain S.L. for any loss or damage caused to Simarin Services Spain S.L. as a result of the withdrawal of use, cancellation or delayed provision of the boat to subsequent charters.
BREAKDOWN OR UNFITNESS TO DRIVE
If the boat is at any time after being made available for charter due to collision, grounding or any other reason that makes appropriate use of the boat impossible, the charter period will be terminated and all amounts paid will be retained. If the breakdown is of mechanical origin, Simarin Services Spain S.L. will provide a replacement or repair for twelve hours, or hand over another boat with the same dimensions or number of cabins and power to the charterer, or refund the amounts paid to the charterer. The charterer is not entitled to compensation.
If a rented yacht cannot be made available to the charterer due to a breakdown during the previous operation or for other reasons beyond the control of Simarin Services Spain S.L., the charter company may offer the charterer another boat of the same dimensions or with the same number of cabins and power, or refund the amounts paid. The charterer has no right to compensation.
USE OF THE BOAT
The charterer uses the boat exclusively for his own entertainment and that of his guests. He does not sublet the boat and under no circumstances uses it for commercial purposes. The charterer will ensure that no pets or other animals are brought on board the boat without the written permission of Simarin Services Spain S.L. The charterer guarantees that his behaviour or that of his guests will not disturb other people or bring the boat into disrepute. The charterer will not take on board persons who are not part of his immediate group and will not hand over or rent the boat to third parties without the written permission of Simarin Services Spain S.L. SMOKING IS EXPRESSLY PROHIBITED IN ALL THE INTERIOR SPACES OF THE YACHT. The charterer and his guests shall comply with the laws and regulations of all countries in whose territory the boat is operated during the period of the contract. The Charterer shall ensure that all dutiable or other goods already on board the boat or brought on board during the charter period are cleared through customs before being brought ashore. Furthermore, it is expressly agreed that the possession or consumption or use of illegal drugs or weapons (especially firearms) is sufficient reason for Simarin Services Spain S.L. to terminate the charter contract without notice, without this giving rise to any right of recourse against Simarin Services Spain S.L.
INSURANCE AND LIABILITY OF THE CHARTERER
a) Simarin Services Spain S.L. will insure the boat with market-leading insurers against all the usual risks that apply to the boat of the corresponding size and type.
b) Under normal circumstances, the liability of the charterer for costs or loss of property is limited to the amount of the insurance premium.