2005 | Elan Performance 31 | 31 ft | From 300 £ / day

Elan Performance 31 

Sailway Tres - Sailboat 

• Year: 2005
• Length: 9.4 m
• Beam: 3.2 m
• Draft: 1.9 m
• Engine: 1 × 17.9 hp
• Fuel tank: 44 l
• Fuel type: Diesel

Elan Performance 31 

Sailway Tres - Sailboat 

• Year: 2005
• Length: 9.4 m
• Beam: 3.2 m
• Draft: 1.9 m
• Engine: 1 × 17.9 hp
• Fuel tank: 44 l
• Fuel type: Diesel

Mandatory Extras

• Port positioning fee (250 €)
• Delivery / Pickup (35 €)
• Final cleaning (90 €)

Optional Extras

• Late check out (200 €) (Departure at 14:00)
• Outboard motor (100 €) (The perfect addition for the dinghy, this is a small outboard motor that saves 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 subject of this contract is the rental of the vessel owned by you as indicated in the Particular Conditions, to be used exclusively for sailing and recreational use, in proper navigability conditions, as per the terms and conditions agreed upon by both parties in this contract.

LEASE PERIOD

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

Any delay in the collection of the vessel by the RENTER/CLIENT, due to reasons attributable to them, will not result in an extension of the rental period.

A delay in returning the vessel to its home port by the RENTER/CLIENT will allow the LESSOR/SAILWAY S.L to retain the deposit and claim from the first party according to the provisions of the Clause.

PICKUP AND DELIVERY LOCATION

The vessel will be delivered to the RENTER/CLIENT at the port and time indicated in this contract. The vessel will be insured, ready to sail, fully equipped, and with water, fuel, and gas tanks full.

If adverse weather circumstances force the RENTER/CLIENT to delay their initial or subsequent departure, there will be no reduction in the price or extension of the envisaged period, both established in this document, unless expressly agreed upon by both parties.

Before delivering the vessel, both parties will inspect it and sign the CHECK IN (inventory). Once completed, the Renter will sign the CHECK IN (inventory) form, thereby giving their approval. Acceptance of the boat and signing of the inventory presumes that it is in good condition and that the Renter accepts the terms of this contract.

The vessel must be returned to the Lessor within the time frame specified in the Particular Conditions of this contract and according to the stipulations in the Clause.

DEPOSIT

The Renter must deliver to the LESSOR/SAILWAY S.L the amount specified in the Particular Conditions as a deposit.

THE RENTER/CLIENT will provide, at the time of signing the contract, the amount described in the Particular Conditions as a DEPOSIT. The DEPOSIT will be secured with a VISA credit card to ensure compliance with the obligations contained in this contract. This amount will be returned to the RENTER/CLIENT once this rental contract has ended and SAILWAY has verified the condition of the vessel, as well as compliance with the renter's obligations. For this, it may be necessary to retain the deposit for up to 7 days after the vessel has been returned.

The LESSOR/SAILWAY S.L is responsible for any damage, loss, or defect occurring to both the rented vessel and any of its auxiliary elements, such as the auxiliary vessel, as well as everything inventoried and verified in the document signed by both parties during the "Check in-out". Should any of the aforementioned circumstances occur or if there is a delay in the scheduled return, the LESSOR/SAILWAY S.L will retain and apply charges from the deposit until compensating for the damages or losses incurred, both material and loss of profits. The RENTER/CLIENT will pay the total amount of the deposit according to invoices for damages, losses incurred or repairs as per the Sailway providers and corresponding labor.

The RENTER/CLIENT must immediately notify LESSOR/SAILWAY S.L of any accident, incident, defect, or issue, regardless of its nature. IN CASE OF FAILURE TO IMMEDIATELY REPORT, THE CLIENT WILL LOSE THE ENTIRE DEPOSIT DUE TO A SERIOUS BREACH OF THE CONTRACT. In the case of an accident, a written accident report must be completed detailing the causes, circumstances, and consequences of what occurred, as well as any known name, surname, and address of the responsible party and witnesses, and also the names and addresses of the injured parties, if any. An accident, for the purposes of this contract, is defined as any fortuitous, spontaneous, external, or violent event.

ITEMS EXCLUDED FROM THE RENTAL PRICE

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

FUEL. The RENTER/CLIENT must return the vessel to LESSOR/SAILWAY S.L with a full fuel tank, and it is mandatory to provide the gas station receipt to the Sailway staff at the moment of the check-out of the boat. Failure to refuel will result in the total consumed amount and an additional penalty of 50€ + VAT being deducted from their deposit due to contract violation.

INSURANCE

The vessel subject to this contract is covered by an accident and liability insurance policy. The vessel carries on board the coverage certificate issued by the insurance company.

The client acknowledges having read the insurance conditions and agrees to the contracted coverage, committing to adhere to these terms and obligations. The client will be responsible for any damage, loss, or material or human injury that occurs during the use of the vessel, up to a maximum of 2,500€ for sailboats and 1,500€ for motorboats.

In the event of any accident affecting the rented vessel, its crew, passengers, third parties, or any type of property, the renter must formally report the accident in writing to LESSOR/SAILWAY S.L, detailing the causes, circumstances, and consequences of what occurred, along with the names, surnames, and addresses of responsible parties, witnesses, and any injured parties, if applicable.

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 operations.

The RENTER/CLIENT agrees to use the rented vessel as if it were their own, in accordance with good sailing practices, and to respect the regulations set by maritime, customs, health, and tax authorities, as well as by national or foreign police authorities as applicable. In the event of an infringement of regulations by the Renter, they will be responsible for all penalties, fines, etc.

The vessel may only navigate within waters authorized for its category. Under no circumstances shall the vessel leave Spanish jurisdictional waters. The Renter agrees not to transport more persons onboard than allowed according to the safety certificate. Should the renter wish to participate in a sporting competition or regatta during the rental period, they are required to notify LESSOR/SAILWAY S.L of this intention and pay the corresponding additional fee for the mandatory specific insurance necessary to participate with the vessel subject to this contract.

The RENTER/CLIENT ensures that they possess the necessary knowledge and experience for the cruise and hold the required boating license. The RENTER/CLIENT agrees not to subcontract or sublease the vessel either in full or in part. The RENTER/CLIENT ensures that the designated captain holds the necessary knowledge and experience to command the rented vessel and possesses the legally required qualifications in Spain, which must be available to the relevant authorities during the duration of this contract. During the term of this contract, LESSOR/SAILWAY S.L is exonerated from any liability arising from the lack of proper qualifications of the captain.

LESSOR/SAILWAY S.L reserves the right to cancel this contract if the captain does not possess sufficient qualifications and competence to operate the vessel safely. LESSOR/SAILWAY S.L is not responsible for the validity of qualifications in Spanish territory, whether they are Spanish or foreign boating licenses. Any responsibility, incident, fine, or sanction arising from such qualifications will be the full responsibility of the RENTER/CLIENT.

The Renter agrees not to bring animals onboard unless authorized by LESSOR/SAILWAY S.L.

The boarding of weapons, drugs, and products that may violate Spanish legislation is strictly forbidden.

It is strictly prohibited to tow other vessels except in cases of emergency. Additionally, the rented vessel may only be towed in the same circumstances and always with its own lines to avoid high salvage costs. The RENTER/CLIENT will not accept agreements or assume responsibilities without the authorization of LESSOR/SAILWAY S.L.

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

The RENTER/CLIENT will be responsible for any damage or harm occurring 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 the case of hazardous weather reports regarding weather or sea conditions (greater than force 6 Beaufort or winds over 25 knots), the Renter agrees not to leave the port where they are located or to proceed to the nearest safe harbor or anchorage.

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

RETURN OF THE VESSEL

The RENTER/CLIENT will return the vessel at the location and date indicated in the Particular Conditions of this contract, in the same condition it was received, with full fuel and water tanks and equipment and supplies properly stored and organized. Failure to comply with these conditions will result in the cost of filling these tanks being deducted from the deposit.

The RENTER/CLIENT must plan the cruise to ensure the return of the vessel within the contracted timeframe, considering possible adverse situations that may arise. Should unforeseen weather circumstances lead to a delay in returning the vessel, the RENTER/CLIENT is obliged to immediately inform LESSOR/SAILWAY S.L of such events.

The delivery of the vessel outside the agreed time frames established in the check in will incur a penalty of 60€ + VAT for each hour of delay in the vessel's return. This amount will be automatically deducted from the deposited deposit. Poor weather cannot be invoked as a reason for delay.

Upon returning the vessel, an inspection will be carried out by LESSOR/SAILWAY S.L of the vessel and its inventory and equipment. Should any damage be found on the vessel or loss or breakage of its equipment or damage due to misuse, LESSOR/SAILWAY S.L will deduct the necessary amount from the deposit to repair such damages. In the event of discrepancies between the parties regarding the conditions of returning the vessel and inventoried goods, the deposit will be returned at the conclusion of the dispute.

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

To deliver it to a different port, the RENTER/CLIENT needs express written permission from SAILWAY S.L. The RENTER/CLIENT will bear all costs arising from this change in the return location.

DELAYS IN RETURN

In case of a delay in returning the vessel, the RENTER/CLIENT will be obliged:

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

If after 24 hours from the end of the contract the vessel has not been returned or no information about it has been received, a search will be initiated, and its disappearance will be reported to the maritime authorities. Any costs resulting from this will be borne by the RENTER/CLIENT.

The time taken for repairs of damages to the vessel or the second repair of any repairs done or arranged by the renter that have not been correctly completed will also be considered a delay in the return.

DAMAGES, THEFTS, ACCIDENTS, AND BREAKDOWNS.

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

If during the rental period breakdowns, damages, defects, or loss of material occur on the rented vessel, the renter is obliged to immediately notify LESSOR/SAILWAY S.L, which will provide the appropriate instructions to follow.

In the case of accidents involving third parties, these must be reported by the renter to the competent authorities.

The RENTER/CLIENT must immediately notify LESSOR/SAILWAY S.L of any accident, incident, defect, or issue regardless of its nature. Failure to immediately report will lead to the RENTER/CLIENT losing the entire deposit due to a serious breach of contract. In the event of accidents, the RENTER/CLIENT must formalize a written accident report, detailing the causes, circumstances, and consequences of what occurred, as well as the names, surnames, and addresses of the responsible party and witnesses, and likewise the names and addresses of the injured parties if any. The renter agrees to cooperate with the rental company and the Insurance Company in the investigation and defense of any claims and processes.

If, due to a breakdown during the rental period or other reasons not attributable to the renter, using the rented vessel is not possible, 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 of similar characteristics. In no case will this entitle an extension of the rental period. The RENTER/CLIENT will not order any repairs without first notifying the LESSOR/SAILWAY S.L of the breakdown, who must grant permission. The costs of the repair will be borne by the lessor. Breakdowns resulting from negligence, incompetence, or misuse of the vessel by the RENTER/CLIENT will be fully paid for by them, and LESSOR/SAILWAY S.L will consider this contract resolved and will reserve the right to claim damages caused by the breakdown. In this case, the provisions of the first paragraph of this condition will not apply. The RENTER/CLIENT must take special care with the use and handling of the toilet to avoid any breakdown or clogging. They may not dispose of toilet paper, intimate hygiene items, wipes, or any other items that could cause a blockage. Any violation of these rules causing any nature of blockage in the WC during the rental period will result in the renter being charged 450€ + VAT for the damages incurred to the company. If this payment is not made, the rental company/charter SAILWAY S.L may deduct it from the deposit amount or charge it to the client's credit card.

The RENTER/CLIENT relieves SAILWAY S.L, the lessor, of all responsibility for losses or damages that occur to items left, stored, or transported by the renter or any other person aboard, within or onboard the vessel subject to the contract, whether before or during the time this contract is in effect.

In the event of theft and/or misappropriation of the vessel, the renter is obliged to file the corresponding report with the competent authority and provide the rental company with a copy of the same.

CANCELLATION AND TERMINATION

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

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

In the case of negligence in the use of the vessel infringing current legislation, this will result in the automatic termination of the contract, with amounts paid in favor of SAILWAY S.L.

If the documentation provided by the renter does not qualify them to operate the vessel or does not demonstrate sufficient technical competence, the contract shall be deemed resolved immediately, with the amounts paid to date (except the deposit, which will be refunded) being treated as damages in favor of LESSOR/SAILWAY S.L.

TERMINATION AT THE LESSOR'S REQUEST

SAILWAY S.L may terminate this contract if, due to causes beyond its control, it cannot provide the contracted vessel to the Renter at the time of delivery. In such instances, SAILWAY S.L will refund the RENTER/CLIENT the amount paid corresponding to the total days of rental not utilized. In no case may the RENTER/CLIENT claim compensation from LESSOR/SAILWAY S.L for the unavailability of the vessel subject to this contract.

ADMINISTRATIVE RETENTIONS

Negligence or improper use of the vessel, infringing current legislation by the RENTER/CLIENT, will be sufficient reason for instant termination of the contract, with the amounts paid up to that moment being retained by SAILWAY S.L without any right to reimbursement by the renter. In case of the client's infringement of customs regulations or any other administration, they will be responsible for all fines, sanctions, or liabilities that may arise, as well as all consequences thereof. In case of seizure of the vessel, the client will pay the lessor as compensation for damages an amount equivalent to double the daily rental fee for each day that lapses until the restitution and delivery of the vessel takes place. In case of confiscation, the client will pay the full value of the vessel within eight days. In both cases, the RENTER/CLIENT will lose, to the benefit of SAILWAY, the amounts delivered.

APPLICABLE LAW AND COMPETENT JURISDICTION

The applicable law will be Spanish law. The parties expressly submit to the jurisdiction of the courts of Vigo for any issues arising from this contract, waiving any other jurisdiction that might correspond to them according to Spanish law.

CONFIDENTIALITY AND DATA PROTECTION

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