CHARTER AGREEMENT
By virtue of the present Agreement, the Lessor hereby charters to the Lessee the recreational vessel described in the heading, for the agreed consideration and subject to the general provisions set forth below and any special conditions stipulated in the attached annex.
CLAUSES
- Purpose of Use
- The vessel shall be used exclusively for recreational navigation and shall not be employed for commercial or profit-making purposes.
- Command of the Vessel
- The vessel is delivered without crew. The Lessee shall ensure that the vessel is commanded by a duly qualified person holding a valid certificate not lower than Recreational Boat Skipper. In the event of any disagreement concerning navigation decisions, the Lessee shall abide by the decision of the designated skipper.
- Capacity
- The Lessee undertakes not to exceed the maximum number of passengers authorized for the vessel.
- Restrictions
- The Lessee shall not:
- Enter the vessel in regattas, competitions, or sporting events.
- Navigate outside the designated navigation area stated in the heading.
- Leave the vessel moored or anchored in unprotected waters or roadsteads without a person on board, or in places where no mooring fee is charged.
- Payment
- The charter fee shall be paid in full prior to delivery of the vessel.
- Damages and Liability
- The Lessee shall be financially liable for any damage caused, whether to the vessel, its elements, or equipment supplied for his use and enjoyment.
- The Lessee further assumes full responsibility for any damage or injury to himself, passengers, or third parties resulting from negligence, failure to observe basic safety and accident-prevention rules, or failure to comply with the skipper’s instructions.
- Security Deposit
- To guarantee compliance, the Lessee shall provide the security deposit specified in the heading. This deposit does not limit the Lessee’s liability, which shall extend to the full value of any damage incurred during the term of this Agreement.
- Should damages occur, the deposit may be provisionally retained by the Lessor until the necessary repairs have been completed and the actual cost of damages determined, after which the corresponding settlement shall be made.
- Delivery and Redelivery
- The vessel shall be delivered to the Lessee at the date, time, and port indicated in the special conditions. Delay in use of the vessel attributable to the Lessee shall not extend the charter period.
- Likewise, if delivery is delayed due to causes beyond the Lessor’s control, the Lessee shall neither reduce the charter fee nor extend the term, which shall end on the agreed date, time, and port.
- Accidents
- In the event of an accident on board, the Lessee shall immediately notify the Lessor by means of a written accident report, specifying the causes, circumstances, and consequences, as well as the identity and contact details of the responsible party, witnesses, and any injured persons.
- For the purposes of this Agreement, “accident” shall mean any fortuitous, spontaneous, external, and violent event beyond the will of the sufferer that affects any person on board.
- Termination
- If this Agreement is terminated due to causes attributable to the Lessee, he shall forfeit in favor of the Lessor all amounts paid as reservation or deposit and shall remain liable for any outstanding balance.
- If, due to circumstances beyond his control, the Lessor is unable to deliver the vessel on the agreed date, he may terminate this Agreement and refund the Lessee all amounts received. In such case, the Lessee shall not be entitled to claim damages or compensation.
- Insurance
- The vessel is covered by an all-risks insurance policy, subject to deductible, the cost of which shall be borne by the Lessor.
- Applicable Law and Jurisdiction
- For any dispute regarding the interpretation or performance of this Agreement, the parties agree first to submit to Equity Arbitration and, failing that, to the Courts and Tribunals of Almería, expressly waiving any other jurisdiction to which they may otherwise be entitled.