2003 | Bavaria 38 | 39 ft | From 480 £ / day

Bavaria 38

Pillabans - Sailboat

• Year: 2003
• Length: 11.9 m
• Beam: 3.9 m
• Draft: 2.0 m
• Engine: 1 x 29.4hp
• Fuel tank: 150 l
• Fuel type: Diesel

Bavaria 38

Pillabans - Sailboat

• Year: 2003
• Length: 11.9 m
• Beam: 3.9 m
• Draft: 2.0 m
• Engine: 1 x 29.4hp
• Fuel tank: 150 l
• Fuel type: Diesel

Mandatory ExtrasDelivery / Pickup (35 €)Final Cleaning (90 €)Optional ExtrasLate Check-Out (200 €) (Departure at 14:00)Outboard Motor (100 €) (The perfect complement for the dinghy, it's a small outboard motor that will save you from rowing to shore.)Paddle Surf (50 €) (A paddle board over 3 meters)Skipper (220 €/day)Bedding (40 €) (If you need both bedding and towels, choose this extra to get both sets at a lower price.)OBJECTThe essential object of this contract is the rental of the vessel owned by you, as stated in the Particular Conditions, in proper sailing condition for exclusive use for...

Mandatory Extras

• Delivery / Pickup (35 €)
• Final Cleaning (90 €)

Optional Extras

• Late Check-Out (200 €) (Departure at 14:00)
• Outboard Motor (100 €) (The perfect complement for the dinghy, it's a small outboard motor that will save you from rowing to shore.)
• Paddle Surf (50 €) (A paddle board over 3 meters)
• Skipper (220 €/day)
• Bedding (40 €) (If you need both bedding and towels, choose this extra to get both sets at a lower price.)

OBJECT

The essential object of this contract is the rental of the vessel owned by you, as stated in the Particular Conditions, in proper sailing condition for exclusive use for sporting and private recreational navigation, according to the terms and conditions agreed by both parties in this contract.

LEASE PERIOD

The LESSEE/CLIENT rents the referenced vessel for the maximum duration specified in the Particular Conditions. This period may be extended by the express and written consent of both parties.

A delay in the return of the vessel by the LESSEE/CLIENT due to their fault will not result in an extension of the lease period.

Delaying the return of the vessel by the LESSEE/CLIENT to its home port will entitle the LESSOR/SAILWAY S.L to retain the security deposit and claim against the first as specified in the Clause.

PICKUP AND DELIVERY LOCATION

The vessel will be delivered to the LESSEE/CLIENT at the port and time specified in this contract. The vessel will be insured, ready to sail, with all equipment and with full water, fuel, and gas tanks.

If adverse weather conditions force the LESSEE/CLIENT to delay their initial departure or subsequent trips, there will be no reduction in the price or extension of the stipulated period, unless expressly agreed by both parties.

Before the delivery of the vessel, both parties will inspect the vessel and sign the CHECK IN (inventory). Once completed, the Lessee will sign the CHECK IN document confirming their approval. Acceptance of the boat and signing of the inventory implies that it is in good condition and that the Lessee agrees to the conditions of this contract.

The vessel must be returned to the Lessor within the timeframe specified in the Particular Conditions of this contract and as detailed in the Clause.

SECURITY DEPOSIT

The Lessee must provide to the LESSOR/SAILWAY S.L the amount specified in the Particular Conditions as a security deposit.

THE LESSEE/CLIENT will provide the amount described in the Particular Conditions as a DEPOSIT at the time of signing the contract. The DEPOSIT will be secured with a VISA credit card to ensure compliance with the obligations contained in this contract. This amount shall be returned to the LESSEE/CLIENT upon completion of this rental contract and after SAILWAY has verified the condition of the vessel and compliance with the lessee's obligations. To this end, it may be necessary to retain the deposit for up to 7 days after the vessel is returned.

The LESSOR/SAILWAY S.L is responsible for any damage, loss, or breakdown occurring to the rented vessel or any of its auxiliary elements, such as the dinghy, as well as everything inventoried and checked in the document signed by both parties for "Check in-out". In the event of any of the above circumstances, or a delay in the scheduled delivery, the LESSOR/SAILWAY S.L will retain and apply the deposit to offset any damages or losses incurred, including loss of earnings. The LESSEE/CLIENT will cover the entire amount of the deposit according to invoices for these damages, losses, or repairs based on Sailway's providers and corresponding labor charges.

The LESSEE/CLIENT must immediately inform LESSOR/SAILWAY S.L of any accident, claim, breakdown, or incident regardless of its nature. FAILURE TO IMMEDIATELY REPORT WILL RESULT IN THE CLIENT LOSING THE ENTIRE DEPOSIT DUE TO A SERIOUS BREACH OF THE CONTRACT. In the event of an accident, a written accident report must be prepared, detailing the causes, circumstances, and consequences of the incident, as well as, if known, the name, address, and identification of the perpetrator and witnesses, and the names and addresses of the harmed parties if any. An accident, for the purposes of this contract, includes any fortuitous, spontaneous, external, or violent event.

EXCLUDED ITEMS FROM THE RENTAL PRICE

The contract price does not include fuel consumption or stays at ports other than the vessel’s base port, which will always be the responsibility of the LESSEE/CLIENT.

FUEL. The LESSEE/CLIENT must return the vessel to the LESSOR/SAILWAY S.L with a full fuel tank and must provide the fuel receipt to Sailway personnel at the time of check-out of the boat. In case of not refueling, the total consumed will be deducted from the deposit, plus a penalty of 50€ + VAT for breach of contract.

INSURANCE

The vessel object of this contract is covered by an accident and liability insurance policy. The vessel has the certificate of coverage issued by the insurance company on board.

The client agrees to have read the insurance conditions and to accept the contracted coverage, committing to comply with the terms and obligations. The client will be responsible for any damages, losses, or material or human injuries incurred during the use of the vessel, up to a maximum of €2,500 for sailing boats and €1,500 for motorboats.

In the event of any accident involving the rented vessel, its crew, passengers, third parties, or any type of property, the lessee must prepare a written accident report, informing LESSOR/SAILWAY S.L of the causes, circumstances, and consequences of the event, along with the names, addresses, and identification of the responsible party, witnesses, and affected parties, if any.

USE OF THE VESSEL

The vessel subject to this contract shall be used exclusively for recreational navigation and may not be used for commercial, profit-making, or illegal activities.

The LESSEE/CLIENT agrees to use the rented vessel as if it were their own according to the norms of a good sailor and to adhere to the regulations established by maritime, customs, health, and tax authorities, as well as the national or foreign police as applicable. In the event of a violation of the rules by the Lessee, they will assume all penalties, fines, etc.

The vessel must navigate only within the authorized waters for its category. Under no circumstances may the vessel leave Spanish jurisdictional waters. The Lessee agrees not to transport aboard more persons than permitted according to the safety certificate. If the lessee wishes to participate in a sports competition or regatta during the rental period, it is mandatory to notify LESSOR/SAILWAY S.L of such intention and to pay the corresponding additional fee for the specific mandatory insurance to participate with the subject vessel of this contract.

The LESSEE/CLIENT assures that they possess the necessary knowledge and experience to undertake the cruise and have the requisite boating license for this purpose. The LESSEE/CLIENT agrees not to subcontract or sub-rent the vessel, in whole or in part. The LESSEE/CLIENT assures that the skipper designated in this contract has the knowledge and necessary experience to safely operate the rented vessel, holds the legally required license in Spain, and will have it available for the relevant authorities during the contract's duration. During the term of this contract, LESSOR/SAILWAY S.L is exempted from any responsibility arising from the lack of or inadequate knowledge of the skipper.

LESSOR/SAILWAY S.L reserves the right to terminate this contract if the skipper does not possess adequate training and competence for the safe operation of the vessel. LESSOR/SAILWAY S.L is not responsible for the validity of the license in Spanish territory, whether a Spanish or foreign boating license. Any responsibility, incident, fine, or sanction resulting from such license shall rest solely with the LESSEE/CLIENT.

The Lessee agrees not to take animals aboard unless authorized by LESSOR/SAILWAY S.L.

The boarding of weapons, narcotics, and items that may contravene Spanish legislation is strictly prohibited.

Totally prohibited is towing other vessels except in emergencies; additionally, only the rented vessel shall be towed in such cases and always with its own lines to avoid high salvage costs. The LESSEE/CLIENT will not accept agreements or assume responsibilities without the authorization of LESSOR/SAILWAY S.L.

The LESSEE/CLIENT agrees not to leave the vessel moored or anchored without any person aboard, in unprotected waters.

The LESSEE/CLIENT will be liable for any damages or harm that occur to the rented vessel during the rental period, and for the loss or misplacement of any of its elements or accessories including the paddle board, electric motor, or auxiliary vessel.

In case of dangerous weather reports regarding the weather or sea (greater than force 6 Beaufort or more than 25 knots of wind), the Lessee agrees not to leave the port they are in or to head to the nearest safe port or anchorage.

LESSOR/SAILWAY S.L is not responsible for theft or loss of the auxiliary vessel. Its loss or damage will be deducted from the deposit.

RETURN OF THE VESSEL

The LESSEE/CLIENT will return the vessel at the location and date indicated in the Particular Conditions of this contract, in the same condition as received, with full fuel and water tanks, and the equipment and supplies organized and properly stowed. If not returned in these conditions, the cost of filling said tanks will be deducted from the deposit.

The LESSEE/CLIENT must plan the cruise to ensure the return of the vessel within the contracted timeframe, considering potential adverse situations that may arise. If, due to sudden and unpredictable bad weather, the return of the vessel is delayed, the LESSEE/CLIENT is obliged to immediately inform LESSOR/SAILWAY S.L of such events.

The lessee must plan the cruise smoothly to return the vessel within the contracted timeframe, taking into account potential adverse situations that may arise. These will not, under any circumstances, be considered a sufficient reason for delaying the return of the vessel. If sudden and unpredictable adverse weather delays the return, the lessee must notify the lessor.

Returning the vessel outside the agreed timeframes on check-in will incur a penalty of 60€ + VAT for every hour of delay in the delivery of the vessel, an amount that will be automatically deducted from the deposit. Bad weather cannot be invoked as a cause for delay.

When returning the vessel, a review of it and its inventory and equipment will be conducted by LESSOR/SAILWAY S.L. If damages are found on the vessel or losses or breakages in its equipment due to misuse, LESSOR/SAILWAY S.L will deduct from the deposit the necessary amount to repair those damages. Should there be discrepancies between the parties regarding the return conditions of the vessel and inventoried goods, the deposit will be refunded at the conclusion of the dispute.

The vessel must be returned to the same port where it was delivered or as previously agreed between the parties.

To deliver it to a different port, the LESSEE/CLIENT requires express written permission from SAILWAY S.L. The LESSEE/CLIENT will bear all the costs resulting from this change in the place of return.

DELAYS IN RETURN

If there is a delay in returning the vessel, the LESSEE/CLIENT will be obligated:

• to pay SAILWAY S.L double the daily rental rate for each day of delay in the return of the vessel.
• to cover all costs resulting from this delay, both for SAILWAY S.L and for its clients who have booked the vessel for the following periods.

If 24 hours after the term of the contract the vessel has not been returned and there are no communications from the client, a search will be initiated, notifying the maritime authorities of its disappearance. The costs arising from this will be borne by the LESSEE/CLIENT.

Time taken for repairs of the damages to the vessel or the second repair of those that, repaired or ordered to repair by the lessee, have not been properly fixed will also be considered delayed return.

DAMAGES, THEFT, ACCIDENTS, AND BREAKDOWNS.

If LESSOR/SAILWAY S.L is delayed in delivering the vessel or cannot deliver it due to breakdowns or any cause beyond the company's control, another vessel of equal or similar characteristics will be offered. If that is not possible, and at the client's choice, a lower category vessel will be provided (with the subsequent refund of the proportional difference in rental price) or the client may request the termination of this contract and the refund of the amount paid up to that date without being able to use the vessel.

If during the rental period, breakdowns, damages, defects, or losses of material occur, the lessee is obligated to immediately inform LESSOR/SAILWAY S.L, which will provide the appropriate instructions to follow.

Should accidents occur involving third parties, these must be reported by the lessee to the competent authorities.

The LESSEE/CLIENT must immediately notify LESSOR/SAILWAY S.L of any accident, claim, breakdown, or incident regardless of its nature. Failure to report immediately will lead to the LESSEE/CLIENT losing the entire deposit due to a serious breach of the contract. In the case of accidents, the LESSEE/CLIENT must prepare a written accident report, detailing the causes, circumstances, and consequences of what occurred, and if known; the name, surname, and address of the responsible party and those of any witnesses and affected parties, if any. The lessee agrees to collaborate with the renting company and the Insurance Company in the investigation and defense of any claim and process.

If due to breakdown during the rental or other reasons not attributable to the lessee, it is not possible to continue with the rented vessel, LESSOR/SAILWAY S.L will reimburse the proportional amount for the days in which the vessel could not be used or will provide a vessel with similar characteristics. In no case will this give rise to an extension of the rental period. The LESSEE/CLIENT will not order any repair without previously informing LESSOR/SAILWAY S.L, who must grant permission. Repair costs will be covered by the lessor. Damages resulting from negligence, ineptitude, or inadequate use of the vessel by the LESSEE/CLIENT will be charged to the latter fully and LESSOR/SAILWAY S.L will consider this contract resolved and reserve the right to claim for damages and losses potentially caused by the breakdown. In such a case, the provisions in the first paragraph of this condition will not apply. The LESSEE/CLIENT must take special care with the use and handling of the toilet to avoid any breakdowns or blockages. They must not discard toilet paper, intimate hygiene items, wipes, or any other items that could cause a blockage. Any disregard for these rules causing any type of blockage in the WC during the rental period will incur a charge of 450€ + VAT for the damage caused to the company. Failure to address this payment will allow the rental company/chárter SAILWAY S.L to deduct this amount from the deposit or charge it to the client's credit card.

The LESSEE/CLIENT relieves SAILWAY S.L the lessor from all responsibility for losses or damages incurred on items left, stored, or transported by the lessee or by any other person on board, inside or on the vessel subject to the contract, whether prior or during the term of this agreement.

In case of theft and/or removal of the vessel, the lessee is obligated to file a report of the incident with the competent authority, providing the same to the renting company.

CANCELLATION AND TERMINATION

The LESSEE/CLIENT may proceed to cancel this contract with cancellation fees structured as follows:

• If the cancellation occurs more than 30 days before the rental period begins, a payment of 30% of the rental price will be made to SAILWAY S.L.
• If the cancellation occurs less than 30 days before the rental period begins, a payment of 100% of the rental price will be made to SAILWAY S.L.

In the event of negligence in the use of the vessel in violation of current legislation, this will cause automatic termination of the contract, with amounts paid benefiting SAILWAY S.L.

If the documentation presented by the lessee does not legally qualify them to operate the vessel or does not demonstrate the necessary technical competence, the contract will be deemed immediately resolved, with amounts paid to date (except the deposit, which will be returned) considered as damages and compensation retained by LESSOR/SAILWAY S.L.

TERMINATION AT THE REQUEST OF THE LESSOR

SAILWAY S.L may terminate this contract if, for reasons beyond its control, it cannot make available to the Lessee the contracted vessel on the date it should be delivered. In this case, SAILWAY S.L will refund the LESSEE/CLIENT the amount given as payment corresponding to the total number of rental days not enjoyed. In no case may the LESSEE/CLIENT claim damages from LESSOR/SAILWAY S.L for the unavailability of the vessel subject to this contract.

ADMINISTRATIVE RETENTIONS

Negligence or misuse of the boat, in violation of current legislation by the LESSEE/CLIENT, will be sufficient reason for the immediate termination of the contract, with amounts paid until that moment held by SAILWAY S.L without right to refund by the lessee. Should the client breach customs regulations or any other administration, they will be liable for all fines, penalties, or responsibilities that may arise, along with all their consequences. In the event of the vessel being seized, the client will pay to the lessor an amount equivalent to double the daily rental price for each day that passes until the vessel is restored and returned. In the case of confiscation, the client will pay the full value of the vessel within eight days. In either case, the LESSEE/CLIENT will lose, to the benefit of SAILWAY, the amounts paid.

APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

The applicable law will be Spanish. The parties expressly submit to the jurisdiction of the courts of Vigo for any matters arising from this contract, renouncing any other jurisdiction that may correspond to them under Spanish law.

CONFIDENTIALITY AND DATA PROTECTION

The parties agree to maintain absolute confidentiality regarding the information and documentation provided or accessed during the provision of the Service, not to disclose or directly or indirectly use information derived from this contractual relationship.