KIWI Mallorca Charter 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 are blocked or paid on the spot on the day of the charter.
PAYMENT OF CHARTER FEE AND OTHER CHARGES TO KIWI Mallorca Charter S.L.
At the time of booking 50% and 30 days before the charter day the remaining 50% of the charter fee and, if applicable, the provisioning or withdrawal fee are due to KIWI Mallorca Charter S.L.. We accept VISA, MASTERCARD and selected cash cards. We do not accept cheques, American Express or Diners Club.
CANCELLATION
If the booking is cancelled for any reason, the charterer to whom the booking confirmation was issued must notify us in writing. Cancellation is effective from the date of receipt of the cancellation notice:
The following cancellation charges 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
INSURANCE
To protect against unforeseen events, we recommend that our clients take out travel, cancellation insurance to cover such events in the event of an emergency. This can be arranged through an insurance broker or travel agent.
PRICES
KIWI Mallorca Charter S.L. reserves the right to adjust or change prices at any time for bookings that have not yet been booked and confirmed.
DEPOSIT
The deposit must be received or paid by KIWI Mallorca Charter S.L. at the beginning of the charter period, therefore before entering the boat. Payments can be made in cash, by VISA / MASTERCARD or mobile payment methods.
REFUND OF DEPOSIT
Unless otherwise agreed or stated, KIWI Mallorca Charter S.L. will use all or part of the security deposit 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, maximum one month (depending on the credit institution) after the end of the charter period or after clarification of open issues (whichever occurs later). Please note that deposit payments by credit card may be subject to exchange rate fluctuations. Any bank charges or card fees will not be covered by KIWI Mallorca Charter S.L.
DRIVE AREA
The charterer may only operate the boat in sailing areas and within these only in regions for which the boat is licensed and insured. If the Charterer takes the boat outside the cruising area, he will be asked to take the boat to the nearest appropriate port and leave it. If this termination of the contract is pending, the Charterer shall not be entitled to a refund of the charter fee or the deposit paid. The charterer shall bear the costs for damages incurred and for the return to the home port of KIWI Mallorca Charter S.L.. The general insured cruising area is the Spanish Mediterranean within the 2 mile zone. In the case of boats requiring a licence, a maximum distance from the coast of 2 nm or 5 nm will be observed (depending on the boat and the respective licence). Furthermore, the hirer is prohibited from approaching the coast with the boat further than 50 m. This applies in particular to bathing beaches. This applies in particular to bathing beaches.
MAXIMUM NUMBER OF PERSONS
The Charterer may not exceed the maximum permitted number of persons for the chartered yacht in any situation during the entire charter period. If, in the reasonable opinion of KIWI Mallorca Charter S.L., he violates this regulation, KIWi Mallorca Charter S.L. may terminate the contract. In this case, the Charterer shall leave the boat at the nearest reasonable port and shall not be entitled to any refund of the charter fee or deposit after termination of the contract.
OPERATION OF THE BOAT
If the Charterer hires a boat under this charter contract, he agrees to the following regulation: If KIWI Mallorca Charter S.L. is of the reasonable opinion that the Charterer is not capable of safely and seamanically guiding the boat, the Charterer shall, at his own expense, call upon the services of a professional captain specified by KIWI Mallorca Charter S.L. until such time as KIWI Mallorca Charter S.L. deems that the Charterer is capable of guiding the boat without his assistance. The Charterer shall bear the operating costs incurred for the boat, in particular the costs for 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 her equipment caused by the charterer (unintentionally or intentionally) beyond normal wear and tear will be retained from the deposit paid. In the event of predicted winds in excess of 7 on the Beaufort scale, the Charterer shall not leave the relevant port of refuge or shall immediately proceed to the nearest port or place of refuge to secure the boat.
DELAYED RETURN
a) If the return of the boat is delayed due to force majeure, this shall be done as soon as possible thereafter; until then the terms of the contract shall apply and the Charterer shall not incur any penalties or other costs.
b) If the Charterer delays the return of the boat to KIWI Mallorca Charter S.L. in the port of delivery intentionally, he shall immediately pay to KIWI Mallorca Charter S.L. by direct transfer the daily rate of the demurrage plus forty percent (40%). In the event of a delay in return of more than twenty-four (24) hours, the Charterer shall indemnify KIWI Mallorca Charter S.L. for any loss or damage suffered by KIWI Mallorca Charter S.L. as a result of the withdrawal of use, cancellation or delay in making the boat available to subsequent charters.
BREAKDOWN OR INCAPACITY
If, at any time after the boat has been made available, the boat is unroadworthy due to a collision, grounding or any other reason that makes it impossible to make reasonable use of the boat, the charter period will be terminated and all monies paid will be forfeited. If the breakdown is of mechanical origin, KIWI Mallorca CharterS.L. will provide a replacement or repair for twelve hours, or hand over to the Charterer another boat with the same dimensions or the same number of cabins and power, or refund the amounts paid to the Charterer. The Charterer shall not be entitled to any compensation.
REPLACEMENT
If a rented yacht cannot be made available to the Charterer due to a breakdown during the previous use or for other reasons beyond the control of KIWI Mallorca Charter S.L., the Charteree may offer the Charterer another boat of the same dimensions or with the same number of cabins and performance or refund the amounts paid. The Charterer shall not be entitled to any compensation.
USE OF THE BOAT
The Charterer shall use the boat exclusively for his own entertainment and that of his guests. He shall not sublet the boat or use her for commercial purposes under any circumstances. The Charterer shall ensure that no pets or other animals are brought on board the boat without the written permission of KIWI Mallorca Charter S.L.. The Charterer ensures that his behaviour or that of his guests does not disturb other persons or bring the boat into disrepute. The Charterer shall not take on board persons who do not belong to his immediate group and shall not transfer or rent the boat to third parties without the written consent of KIWI Mallorca Charter S.L. SMOKING IS EXPRESSLY PROHIBITED IN ALL 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 contract period. 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) constitutes sufficient grounds for KIWI Mallorca Charter S.L. to terminate the charter contract without notice and without any recourse against KIWI Mallorca Charter S.L. arising therefrom.
INSURANCE AND LIABILITY OF THE CHARTERER
a) KIWI Mallorca Charter S.L. insures the boat with market leading insurers against all the usual risks applicable to the boat of the appropriate size and type.
b) Under normal circumstances, the Charterer’s liability for costs or loss in respect of damage to the boat or third parties to be repaired for which the Charterer or his guests are responsible (whether intentionally or unintentionally) shall be limited to the amount of the excess (deductible) entered in the insurance policy per claim.
c) The liability of the Charterer may exceed the respective deductible (excess) per claim if his (intentional or unintentional) conduct or that of his guests was intended to cancel or limit the agreed insurance cover.
d) The charterer also takes out insurance for his private property on board or ashore as well as health and accident insurance for claims not covered by the boat insurance.
APPLICABLE LAW
The parties agree that PALMA DE MALLORCA, Spain shall be the place of jurisdiction for the contract. At its sole discretion, KIWI Mallorca Charter S.L. may determine whether the contract shall be governed by the law of the country of KIWI Mallorca Charter S.L. or of the Charterer.
EXPLANATION – FORCE MAJEURE
The term “force majeure” as used in this Contract refers to incidents directly resulting from acts, events, non-occurrences, omissions, accidents or force majeure events beyond the reasonable control of KIWI Mallorca Charter S.L. or the Charterer (including but not limited to strike, lockout or other work stoppage, riot, insurrection, blockade, invasion, war, fire, explosion, sabotage, storm, collision, grounding, fog, laws or regulations issued by any government or serious mechanical or electrical breakdown beyond the control of the crew which is not due to the negligence of KIWI Mallorca Charter S.L..
RECLAIMS
Under the contract, all problems must be reported to KIWI Mallorca Charter S.L. immediately when they occur and not at the end of the charter period. If this requirement is not met, KIWI Mallorca Charter S.L. will not be held liable as it has not been given the opportunity to investigate and rectify the problem. KIWI Mallorca Charter S.L. shall not be liable if the fault is attributable to the charterer, his guests, third parties or to an event that KIWI Mallorca Charter S.L. could not have foreseen or avoided.