Lomac 710 IN

Reservation and Payment

The reservation of the vessel will be confirmed once the Client (the Renter) has paid 50% of the total rental amount. No boat will be considered firmly committed until this payment is made.

The remaining amount must be paid before the day of rental. If not, the reservation will be considered canceled. By paying the reservation, the renter accepts the conditions of this contract. Extras should be paid cash at embark.

2. Changes in the Rental Reservation

The renter may modify the rental reservation of the vessel up to 7 days before the departure date, provided there is availability of a vessel with similar characteristics on the newly selected date. A request to change the reservation date can only be made by email or in person at Amika Charter’s offices. The change will only be confirmed with the express written acceptance of the Lessor.

3. Cancellations Due to Personal Reasons or COVID-19

3.1. If the renter cancels the rental with 15 days' notice or less, they will lose the total amount paid for the reservation.

4. Cancellations Due to Bad Weather

In the case of adverse weather conditions, the rental reservation for the vessel can be canceled or annulled, provided that two of the following conditions are met simultaneously:

 Wave height: wave height exceeding 1.5 meters.

Wind speed: wind exceeding 20 knots*.

Rainfall: heavy rain for more than 2 hours during the total duration of the sailing day*.

(*) The reference to verify weather conditions will be obtained from the AEMET for the vessel's departure port.

As a consequence of the above, the renter and/or the lessor may opt for one of the two options:

In the event of adverse weather conditions, both the renter and/or the lessor may change the date of the rental, provided that there is availability of a vessel with similar characteristics on the newly selected date.

In the event of adverse weather conditions, the lessor will issue a voucher to the renter for the amount they paid for the reservation. The voucher will be valid for 1 year. This won’t apply if there’s adverse weather once the charter has started.

5. Inability to Deliver the Vessel by the Lessor

If it is not possible to deliver the rented vessel due to breakdowns or other causes beyond the control of the lessor, the lessor will provide a vessel with the same or similar characteristics to the renter.

 If not possible, and at the renter's discretion, they will be offered a lower category vessel (with a proportional refund of the rental price difference) or a full refund of the amount paid up to that moment for the rental without compensation for damages and losses.

6. Deposit

No vessel is allowed to sail without a deposit being made, including vessels that sail with a hired skipper.

 On the day of boarding, the renter will provide the lessor with the deposit indicated in the specific rental conditions for each vessel, which will cover cancellations, breakdowns, damages, thefts, delays in returning the vessel, inventory and equipment differences, indemnities, misuse, negligence, and any penalties agreed upon in this contract or that may arise as a result of non-compliance. This is without prejudice to any legal actions that may be appropriate to claim amounts exceeding the deposit.

Once the vessel is returned on the agreed date and time, the Check-Out conducted satisfactorily, and all duties arising from this contract have been met by the renter, the deposit will be returned to the renter within approximately 48 hours. In case of disputes between the parties regarding the condition of the vessel and inventoried goods, the deposit will be returned upon resolution of the dispute, if applicable.

7. Inventory

Before delivering the vessel, both parties will conduct the Check-In and corresponding inventory together, during business hours. Once completed, the corresponding document will be signed for acknowledgment and agreement. If the renter refuses to sign the Check-In, point 3—Cancellations for personal reasons—will apply.

Conducting the check-in within the duration of this contract does not imply an extension of the time used for the joint check-in review.

8. Deliveries, Returns, and Rental Duration

The boat will be delivered at the facilities of the Departure port at 12:00 p.m. The boat must be returned at the same location by 12:00 p.m. on the last day. If the lessee wishes to return later than the agreed time, they may do so by arranging it with the lessor and paying the corresponding surcharge, but never later than 8:00 p.m.

For day charter rentals, the departure time will be 10:00 a.m., and the return time will be 6:00 p.m. on the same day, with no possibility of delay unless authorized in writing by the lessor. The lessee's late arrival for the delivery does not entitle them to any extension of the indicated rental time.

Any return made after the agreed time, not caused by circumstances beyond the lessee's control, will be penalized with a 25% charge of the daily rental amount for every 30 minutes of delay, which will be deducted from the security deposit.

The boat must be returned with full fuel tanks; otherwise, the lessor will charge the amount of fuel consumed, as well as a refueling service charge of €20.

During the return, a check-out will be carried out between the parties, and a corresponding certificate of conformity will be issued at the end.

The boat must be returned in the same operating, equipment, and inventory conditions as when it was delivered at the start of the rental. If, after the check-out, any damage or breakage of equipment or operation of the boat is found, or any inventory or equipment is missing, the lessee will bear the cost of repairs and replacements.

Regarding multi-day rentals, if the lessee fails to return the boat at the agreed time and place, they will have to pay the lessor an amount equivalent to double the daily rental price for each day of delay, except when the delay is due to a risk or danger covered by the boat’s insurance policy. In any case, the lessee agrees to immediately inform the lessor so that the circumstances can be verified, and the boat can be recovered.

If 24 hours have passed since the scheduled return time without the boat being returned and without any news from the lessee, crew, or boat, the lessor will begin searching for it and notify the relevant authorities. All costs incurred in this process will be borne by the lessee.

9. Licensing

For all Amika Charter boats that require a navigation license, the boat rental may be made with or without a skipper. If the lessee or another crew member has the required license, they must carry proper documentation proving they are qualified to operate the boat in question.

An ID and skipper’s license of the person piloting the boat must be presented. If the documentation does not qualify the person or is not valid for the operation of the boat, the contract will be automatically terminated, and any amounts paid up to that date will be retained by the lessor as damages.

The lessor reserves the right to withhold the boat from the lessee if the skipper appears to lack sufficient skill or technical competence, despite presenting the necessary qualifications. In such a case, any amounts paid up to that date will be retained by the lessor as damages.

10. Navigation Area

The navigation area will be stipulated in the specific terms of the contract, provided the skipper’s license permits it. Failure to comply with this condition will result in the automatic termination of the contract, with the forfeiture of any amounts paid, including the security deposit, in addition to covering any expenses and liabilities arising from improper use. Some boats are equipped with a Boat Track device that allows monitoring of the boat’s movements and certain functions.

11. Conditions of Use

The lessee is responsible for the actions of all individuals listed as crew members or anyone else on board, and the number of people on board must not exceed the maximum capacity of the boat as indicated by the lessor, regardless of the official boat documentation. Additionally, the lessee must comply with the following conditions of use:

It is prohibited to exceed the maximum speed of 3 knots, or the speed established by the port authority in any port, or to navigate less than 200 meters from the coast.

Swimmer zones must be respected, anchoring always outside the beach buoys, and respecting and keeping away from buoys and boats with diver flags.

Water skiing or towing any floating object or equivalent is strictly prohibited.

The boat cannot be used for transporting goods, passengers not listed as crew members, weapons, animals, drugs, or any toxic, dangerous, or illegal substances.

The boat must be used exclusively for tourist or leisure purposes and not for commercial operations, fishing, transport, sports competitions, or any other activities incompatible with the rental purpose.

Towing other boats is prohibited unless in emergency situations. Similarly, the rented boat can only be towed in emergencies.

In case of adverse weather or sea reports, the lessee must stay in the port or go to the nearest safe harbor or anchorage. The lessee must always be aware of weather forecasts and plan navigation to preserve the safety of the boat and crew.

The boat must not be left anchored without an experienced crew member on board or without supervision.

To stay overnight on board, anchoring is only allowed in designated areas such as buoy fields or marinas.

The skipper responsible for the boat must not consume alcohol or take drugs (in any form) before or during the operation of the boat.

For boats without a license, it is forbidden to navigate more than 2 miles from the base port. Failure to comply with this rule will result in immediate termination of the rental and forfeiture of the security deposit.

12. Subcontracting

Subletting or transferring the boat is strictly prohibited by the lessee.

13. Administrative Detention (Seizure and Confiscation)

In the event of the boat’s seizure, the lessee will pay the lessor a sum equivalent to twice the daily rental price for each day until the boat is returned and handed over, as compensation for damages. In the event of confiscation, the lessee must pay the full value of the boat within eight days. In both cases, the lessee will forfeit any amounts already paid.

14. Fuel and Other Expenses

The rental price does not include fuel. The boat will be delivered with a full fuel tank and must be returned in the same condition. If the boat is returned without fuel, the lessee must cover the cost of the fuel, plus a €20 service fee.

All provisioning costs, lubricants, gas, ice, moorings in ports and marinas, and general boat materials and maintenance expenses during the rental period are the sole responsibility of the lessee and are not included in the rental price.

15. Rental Insurance

The boat covered by this contract is insured under the corresponding policy. The lessee must take all necessary measures to comply with the obligations contained in the policy and is solely responsible for any consequences arising from failure to do so.

The lessee expressly accepts that the insurance does not cover accidents occurring off the boat or any losses or damages to their personal belongings or those of other crew members.

The lessee is directly responsible for any material or personal damages resulting from non-compliance with the boat's conditions of use and/or negligence.

16. Compliance with Applicable Law

Additionally, the lessee assumes full responsibility for any fines, penalties, damage, or harm caused or derived from violating any clause of this contract and/or breaching local, national, or international laws, particularly regarding fishing, underwater fishing, archaeological finds, or coastal laws, and any damage to docks, piers, or other marina facilities.

17. Boat Malfunctions During the Contract

If a malfunction occurs during the rental, or for other reasons not attributable to the lessee, preventing the continued use of the boat, the lessor will refund the proportionate amount for the days the boat was unusable or provide a similar boat, if possible, at the lessee’s choice. In no case will this grant the right to extend the rental period or compensation for damages.

The lessee must not authorize any repairs without first notifying the lessor, who must give permission. Repair costs will be borne by the lessor.

Repairs resulting from the lessee's negligence, incompetence, or improper use will be fully borne by the lessee. In such cases, the lessor may terminate the contract and seek compensation for any damages caused by the malfunction.

The lessor is not responsible for damage caused by grounding, collisions with sandbanks, or shallow waters. The lessee must study the navigation area in advance and take necessary precautions and has all responsability.

18. Accidents

The lessee agrees to immediately report any accidents to the lessor and promptly forward any notifications, letters, or summons regarding the accident. They must cooperate fully with the lessor and the insurance company in investigating and defending any claims or legal actions.

In case of an accident, the lessee must:

Not admit or assess responsibility for the incident, except in the "Friendly Accident Report."

Gather complete information about the other party, complete the "Friendly Accident Report" or "Incident Report," and collect witness details, forwarding all these to the lessor and calling in case of a serious accident.

Notify the authorities immediately if the other party is at fault.

Not abandon the boat without taking appropriate measures to safeguard it.

Failure to comply with these measures may result in the lessor seeking compensation from the lessee for negligence.

19. Theft

In the event of boat theft, the lessee must immediately notify the lessor and file a report with the appropriate authorities, providing a copy to the lessor.

20. Complaints

Any complaints the lessee wishes to make must be submitted in writing at the time of the boat’s return and at the end The company expressly assumes no responsibility for any loss or damage to any goods left, stored, or transported on the boat by the lessee or any other person, either during or after the rental period. The lessee assumes the risk of such losses and releases the company from any claims in this regard.

21. Suspensive Condition.

The validity of this contract is subject, as a suspensive condition, to the payment by the lessee of the reservation amount stipulated in general condition 1. Reservation and payment. Therefore, the reservation will not be effective until the indicated payment is made.

22. Data Protection

The personal data included in this contract are protected in accordance with Organic Law 15/1999, of December 13, on the Protection of Personal Data. These data may only be processed and transferred to companies responsible for debt collection and for marketing campaigns of the lessor and any other company of Abril Publicaciones SL.

23. Jurisdiction

For the resolution of any disputes arising from this contract, the parties submit to the administrative authorities and courts of Palma de Mallorca, with their relationship governed by Spanish law.