2005 | Rodman 870 | 28 ft | From 360 £ / day

Rodman 870 

Txampa Hiru - Motoryacht 

• Year: 2005
• Length: 8.4 m
• Beam: 3.1 m
• Draft: 1.5 m
• Engine: 2 x 160hp
• Fuel tank: 455 l
• Fuel type: Diesel

Rodman 870 

Txampa Hiru - Motoryacht 

• Year: 2005
• Length: 8.4 m
• Beam: 3.1 m
• Draft: 1.5 m
• Engine: 2 x 160hp
• Fuel tank: 455 l
• Fuel type: Diesel

Mandatory Extras

• Harbor positioning fee (150 €)
• Final cleaning (90 €)

Optional Extras

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

SUBJECT

The essential subject of this contract is the rental of the vessel owned by you as indicated in the Particular Conditions, in adequate navigable conditions for exclusive use for recreational and private navigation, according to the terms and conditions agreed by the parties in this contract.

RENTAL PERIOD

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

A delay in the removal of the vessel by the TENANT/CLIENT, for reasons attributable to him, shall not constitute an extension of the rental term.

A delay in the return of the vessel by the TENANT/CLIENT to its home port shall entitle the LANDLORD/SAILWAY S.L to retain the deposit and claim from the former as provided in the Clause.

PICKUP AND DELIVERY LOCATION

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

If adverse weather conditions force the TENANT/CLIENT to delay their initial or subsequent departures, there will be no price reduction, nor an extension of the agreed period established in this document, unless expressly agreed by both parties.

Before the vessel is handed over, both parties will inspect the vessel and sign the CHECK IN (inventory). Once completed, the Tenant will sign the CHECK IN (inventory) to express their approval. Acceptance of the boat and signing of the inventory assumes that it is in good condition and that the Tenant accepts the conditions of this contract.

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

DEPOSIT

The Tenant must provide LANDLORD/SAILWAY S.L with the amount specified in the Particular Conditions as a deposit.

THE TENANT/CLIENT shall deliver at the time of signing the contract, as a DEPOSIT, the amount described in the Particular Conditions. The DEPOSIT will be secured by a VISA credit card to ensure compliance with the obligations contained in this contract. This amount will be returned to the TENANT/CLIENT once the rental contract has ended and it is verified by SAILWAY that the vessel is in good condition and that the obligations of the tenant have been fulfilled. To this end, it may be necessary to retain the deposit for up to a maximum of 7 days after the vessel is returned.

The LANDLORD/SAILWAY S.L is responsible for any loss, damage, or breakdown occurring, both on the rented vessel and on any of its auxiliary elements, such as the auxiliary vessel and everything inventoried and verified in the document signed by both parties "Check in-out". Should any of the aforementioned circumstances occur, or delays in scheduled deliveries, LANDLORD/SAILWAY S.L will retain and accrue from the deposit until compensating for damages or losses incurred both materially and for lost profits. The TENANT/CLIENT shall pay the total of the deposited deposit according to the invoices of such damages, losses, or repairs incurred based on Sailway's suppliers and respective labor.

The TENANT/CLIENT must immediately notify LANDLORD/SAILWAY S.L of any accident, mishap, breakdown, or incident regardless of its nature. FAILURE TO INFORM IMMEDIATELY WILL RESULT IN THE CLIENT LOOSING THE ENTIRE DEPOSIT DUE TO A VERY SERIOUS BREACH OF CONTRACT. In the event of an accident, a written accident report must be filed, detailing the causes, circumstances, and consequences of the occurrence, as well as, if known, the name, surname, and address of the person responsible for the incident and the witnesses, as well as the names and addresses of the injured parties, if any. An accident, for the purposes of this contract, is any fortuitous, spontaneous, external, or violent event.

EXCLUDED RENTAL PRICE CONCEPTS

Neither fuel consumption nor stays at ports other than the vessel's home port are included in the contract price, which will always be at the TENANT/CLIENT's expense.

FUEL. The TENANT/CLIENT must return the vessel to LANDLORD/SAILWAY S.L with a full fuel tank and it is mandatory to provide the fuel receipt to Sailway staff at the moment of check-out of the boat. If not refueled, the total consumed will be deducted from your deposit plus a penalty of 50€ + VAT for breach of contract.

INSURANCE

The vessel covered under this contract has 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, obliging themselves to comply with said terms and obligations. The client will be liable for any damage, loss, property, or human injury occurring 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 affecting the rented vessel, its crew, passengers, third parties, or any type of property, the tenant must file a written accident report, notifying LANDLORD/SAILWAY S.L of the causes, circumstances, and effects of the incident, as well as the names, surnames, and addresses of the person responsible for the incident, of the witnesses, and of the injured parties if any.

USE OF THE VESSEL

The vessel subject to this contract will be exclusively designated for recreational sailing, and may not be used for commercial, lucrative, or illegal operations.

The TENANT/CLIENT agrees to use the rented vessel as if it were their own, according to the standards of good navigation, and to respect the regulations established by maritime, customs, health, and tax authorities, as well as national or foreign police authorities if applicable. In the event of an infringement of the ordinances by the Tenant, they will assume all penalties, fines, etc.

The vessel must only navigate within the waters authorized for its category. Under no circumstances may the vessel leave Spanish jurisdictional waters. The Tenant agrees not to carry on board a number of people greater than the number permitted according to the safety certificate. Should the tenant wish to participate in a sports competition or regatta during their rental period, it is mandatory to notify LANDLORD/SAILWAY S.L of this intention and to pay the corresponding additional fee for the mandatory specific insurance to be able to participate with the vessel subject to this contract.

The TENANT/CLIENT assures that they possess the knowledge and experience necessary to conduct the cruise and that they hold the necessary nautical title for this purpose. The TENANT/CLIENT agrees not to subcontract or sublease the vessel in full or in part. The TENANT/CLIENT assures that the skipper designated in this contract possesses the knowledge and experience required to safely govern the rented vessel, that they hold the required legal title in Spain, and that they will have it available to the relevant authorities during the duration of this contract. During the validity of this contract, LANDLORD/SAILWAY S.L is exempt from any liability that may arise from the lack or insufficiency of knowledge of the skipper.

LANDLORD/SAILWAY S.L reserves the right to cancel this contract if the skipper does not possess sufficient training and competence to safely govern the vessel. LANDLORD/SAILWAY S.L does not take any responsibility for the validity of the title in Spanish territory, whether a Spanish or foreign nautical title. Any responsibility, incident, fine, or sanction arising from such title will be the total responsibility of the TENANT/CLIENT.

The Tenant agrees not to bring animals on board unless authorized by LANDLORD/SAILWAY S.L.

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

Towing other vessels is completely prohibited except in cases of emergency; likewise, the rented vessel will only be allowed to be towed in the same cases, and always with its own lines to avoid high salvage costs. The TENANT/CLIENT will not accept agreements or assume responsibilities without the authorization of LANDLORD/SAILWAY S.L.

The TENANT/CLIENT agrees not to leave the vessel moored or anchored, without any person on board, in open waters or unprotected waters.

The TENANT/CLIENT will be responsible for any damage or harm caused 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 event of unfavorable weather reports regarding weather conditions or sea (above force 6 Beaufort or starting from 25 knots of wind), the Tenant agrees not to leave the port they are in or to head to the nearest safe port or anchorage.

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

RETURN OF THE VESSEL

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

The TENANT/CLIENT must plan the cruise to return the vessel within the contracted timeframe, taking into account possible adverse situations that may arise. If due to abrupt and unforeseen bad weather, the return of the vessel is delayed, the TENANT/CLIENT is obliged to immediately inform LANDLORD/SAILWAY S.L of such facts.

Delivery of the vessel outside the agreed timings during check-in will incur a penalty of 60€ + VAT for each hour of delay in the return of the vessel, an amount that will be automatically deducted from the deposited deposit. Bad weather cannot be invoked as a cause for delay.

Upon returning the vessel, LANDLORD/SAILWAY S.L will conduct an inspection of the vessel, as well as its inventory and equipment. If any damage is found on the vessel or loss or breakage of its equipment due to misuse, LANDLORD/SAILWAY S.L will deduct from the deposit the amount necessary to repair such damages. Should there be discrepancies between the parties regarding the conditions for the return of the vessel and inventoried goods, the deposit will be returned at the time of the settlement of the dispute.

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

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

DELAYS IN RETURN

In the event of a delay in the return of the vessel, the TENANT/CLIENT will be obliged:

• to pay SAILWAY S.L double the daily rental rate for each day of delay in returning the vessel.
• to bear all expenses that arise from this delay, both for SAILWAY S.L and for its clients who have contracted the vessel for the following periods.

If 24 hours after the end of the contract, the vessel has not been returned nor news of it has been received, a search will be initiated, notifying its disappearance to the maritime authorities. The costs arising from this will be borne by the TENANT/CLIENT.

Time taken for the repair of damages to the vessel or the second repair of those that, repaired or ordered to be repaired by the tenant, have not been properly repaired, shall also be considered a delay in return.

DAMAGES, THEFTS, ACCIDENTS, AND BREAKDOWNS.

If LANDLORD/SAILWAY S.L were to delay in delivering the vessel or it was impossible to deliver it due to breakdowns or any cause beyond the company's control, a vessel of equal or similar characteristics will be provided. If this is not possible, at the client's request, an inferior category vessel will be provided (with a proportional refund of the difference in rental price) or the client may request the termination of this contract and a refund of the amount paid to date without being able to use the vessel.

If during the rental period, the rented vessel suffers breakdowns, damages, defects, or loss of equipment, the tenant is obliged to immediately notify LANDLORD/SAILWAY S.L, which will give the appropriate instructions to follow.

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

The TENANT/CLIENT must immediately notify LANDLORD/SAILWAY S.L of any accident, mishap, breakdown, or incident regardless of its nature. FAILURE TO INFORM IMMEDIATELY WILL RESULT IN THE TENANT/CLIENT LOSING THE ENTIRE DEPOSIT DUE TO A VERY SERIOUS BREACH OF CONTRACT. In the case of accidents, the TENANT/CLIENT must file a written accident report, detailing the causes, circumstances, and consequences of the incident, as well as, if known; the name, surname, and address of the person responsible for the event and of the witnesses as well as the names and addresses of any injured parties if applicable. The tenant agrees to cooperate with the rental company and the Insurance Company in the investigation and defense of any claim and process.

If due to a breakdown occurring during the rental or other causes not attributable to the tenant, it is impossible to continue in the rented vessel, LANDLORD/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 give right to an extension of the rental period. The TENANT/CLIENT will not order any repair without first indicating the breakdown to LANDLORD/SAILWAY S.L, who must grant permission. The costs of repairs will be borne by the landlord. Breakdowns resulting from negligence, incompetence, or improper use of the vessel by the TENANT/CLIENT will be paid for in full by the latter, and LANDLORD/SAILWAY S.L will terminate this contract and reserve the right to claim for damages and losses that may arise from the breakdown. In such cases, the provisions of the first paragraph of this condition shall not apply. The TENANT/CLIENT must take special care with the use and handling of the toilet to avoid any breakdown or blockage. No toilet paper, intimate hygiene items, wipes, or any other item that could cause a blockage may be thrown away. Any disregard for these rules causing a blockage of any kind in the toilet during the rental period will require the client to pay the amount of 450€ + VAT for damages caused to the company. If this payment is not made, the rental/charter company SAILWAY S.L reserves the right to deduct it from the deposit amount or to charge it to the client's credit card.

The TENANT/CLIENT relieves SAILWAY S.L, the landlord of all responsibility for losses or damages occurring to items left, stored, or transported by the tenant or by any other person on board, within or on the vessel subject to the contract, whether before or during the validity of this.

In case of theft and/or disappearance of the vessel, the tenant is obliged to file the corresponding report of the event with the competent authority, delivering it to the rental company.

CANCELLATION AND TERMINATION

The TENANT/CLIENT may proceed with the cancellation of this contract with cancellation costs 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 event of negligence in the use of the vessel violating applicable legislation, this will be grounds for the automatic termination of the contract, and any amounts paid will favor SAILWAY S.L.

If the documentation presented by the tenant does not qualify them to govern the vessel or does not prove their sufficient and necessary technical competence, the contract will be terminated immediately, retaining the amounts paid to date (except for the deposit which will be returned) as compensation for damages in favor of LANDLORD/SAILWAY S.L.

TERMINATION AT THE LANDLORD'S REQUEST

SAILWAY S.L may terminate this contract if, for reasons beyond its control, it cannot make available to the Tenant the contracted vessel on the date it is to be delivered. In such case, SAILWAY S.L will refund the TENANT/CLIENT the amount paid corresponding to the total amount of rental days not enjoyed. Under no circumstances may the TENANT/CLIENT claim from LANDLORD/SAILWAY S.L compensation for the unavailability of the vessel subject to this contract.

ADMINISTRATIVE RETENTIONS

Negligence or improper use of the boat in violation of applicable legislation by the TENANT/CLIENT will be sufficient grounds for the immediate termination of the contract, retaining all amounts paid up until that moment in favor of SAILWAY S.L without the right to reimbursement by the tenant. In the event of violation by the client of customs ordinances or any other Administration, they shall be liable for all fines, penalties, or responsibilities that may arise, as well as all their consequences. In case of seizure of the vessel, the client will pay the lessor as compensation for damages and losses caused an amount equal to double the daily rental price for each day that elapses until the vessel's restitution and delivery occurs. In case of confiscation, the client will pay the full value of the vessel within eight days. In both cases, the TENANT/CLIENT will lose the amounts paid to the benefit of SAILWAY.

APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

The applicable law will be Spanish law. The parties expressly submit, for issues that may arise from this contract, to the jurisdiction of the courts and Tribunals of Vigo, expressly waiving any other jurisdiction that may correspond to them under Spanish legislation.

CONFIDENTIALITY AND DATA PROTECTION

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