2007 | Hanse 430E | 43 ft | From 690 £ / day

Hanse 430E

Embla - Sailboat

• Year: 2007
• Length: 13.2 m
• Beam: 4.2 m
• Engine: 1 x 36hp

Hanse 430E

Embla - Sailboat

• Year: 2007
• Length: 13.2 m
• Beam: 4.2 m
• Engine: 1 x 36hp

Mandatory ExtrasHarbor positioning fee (250 €)Delivery / Pickup (35 €)Final cleaning (90 €)Optional ExtrasSkipper (220 €/day)OBJECTThe essential object of this contract is the rental of the vessel, owned by you, as indicated in the Specific Conditions, ensuring it is in proper navigable condition for the exclusive use of recreational and private sports navigation, according to the terms and conditions agreed upon by both parties in this contract.LEASE PERIODThe TENANT/CLIENT rents the referenced vessel for the maximum duration specified in the Specific Conditions.This period may be extended by...

Mandatory Extras

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

Optional Extras

• Skipper (220 €/day)

OBJECT

The essential object of this contract is the rental of the vessel, owned by you, as indicated in the Specific Conditions, ensuring it is in proper navigable condition for the exclusive use of recreational and private sports navigation, according to the terms and conditions agreed upon by both parties in this contract.

LEASE PERIOD

The TENANT/CLIENT rents the referenced vessel for the maximum duration specified in the Specific Conditions.

This period may be extended by the express and written consent of both parties.

The delay in removing the vessel by the TENANT/CLIENT, for reasons attributable to them, will not extend the rental period.

Any delay in returning the vessel by the TENANT/CLIENT to its home port will entitle the LANDLORD/SAILWAY S.L to retain the deposit and claim from the first party according to the stipulations in the Clause.

PICKUP AND DELIVERY LOCATION

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

If adverse weather conditions require the TENANT/CLIENT to delay their initial or subsequent departure, there will be no reduction in the price or extension of the scheduled duration set forth in this document, unless explicitly agreed by both parties.

Before delivery of the vessel, both parties will inspect the vessel and sign the CHECK IN (inventory). Once completed, the Tenant will sign the CHECK IN sheet (inventory) thereby giving their approval. The acceptance of the boat and the signing of the inventory assumes that it is in good condition and that the Tenant accepts the terms of this contract.

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

DEPOSIT

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

THE TENANT/CLIENT will pay, at the time of signing the contract, the amount described in the Specific Conditions as a DEPOSIT. The DEPOSIT will be charged to a VISA credit card to guarantee the fulfillment of the obligations contained in this contract. This amount will be refunded to the TENANT/CLIENT when the rental contract has ended and the condition of the vessel has been verified by SAILWAY, as well as the fulfillment of the tenant's obligations. To do this, it may be necessary to hold the deposit for a maximum of 7 days after the vessel is returned. The LANDLORD/SAILWAY S.L is responsible for any harm, damage, loss, or breakdown occurring both in the rented vessel and any of its auxiliary elements, such as the dinghy, as well as everything inventoried and checked in the document signed by both parties during "Check in-out". If any of the aforementioned circumstances arise or there is a delay in the scheduled return, LANDLORD/SAILWAY S.L will retain and accrue from the deposit until compensating for the damages or losses caused, both material and lost earnings. The TENANT/CLIENT will pay the total amount of the deposit according to the invoices for said damages or losses caused, or repairs according to the suppliers of Sailway and corresponding labor.

The TENANT/CLIENT must immediately notify LANDLORD/SAILWAY S.L of any accident, incident, breakdown, or occurrence, regardless of its nature. FAILURE TO NOTIFY IMMEDIATELY WILL RESULT IN THE CLIENT LOSING THE ENTIRE DEPOSIT DUE TO A VERY SERIOUS BREACH OF THE CONTRACT. In the event of an accident, a written accident report must be formalized, 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 incident and of the witnesses and the names and addresses of the injured parties if any. An accident, for the purposes of this contract, is defined as any accidental, spontaneous, external, or violent event.

ITEMS EXCLUDED FROM THE RENTAL PRICE

The rental price does not include fuel consumption or stays in ports other than the home port of the vessel, which will always be at the Tenant/Client's expense.

The TENANT/CLIENT must return the vessel to LANDLORD/SAILWAY S.L with a full fuel tank and is required to provide the receipt from the gas station to the Sailway staff at the time of check-out. In the event of failing to refuel, the total consumed plus a penalty of 50€ + VAT will be deducted from the deposit for breach of contract.

INSURANCE

The vessel subject to this contract is covered by an accident and liability insurance policy. The vessel has a certification of coverage on board issued by the insurance company.

The client agrees to have read the insurance conditions and to be in accordance with the contracted coverages, obliging themselves to comply with these terms and obligations. The client will be responsible for paying any damages, losses, or material or personal injuries that occur during the use of the vessel, up to a maximum of 2,500€ deposit for sailing boats and 1,500€ deposit for motorboats.

In the event of any accident affecting the rented vessel, its crew, passengers, third parties, or any type of goods, the tenant must formalize a written accident report notifying LANDLORD/SAILWAY S.L of the causes, circumstances, and consequences of the occurrence, as well as the names, surnames, and addresses of the responsible party, witnesses, and any injured parties, if any.

USE OF THE VESSEL

The vessel subject to this contract will be used exclusively for recreational navigation and cannot be used for commercial, profit-making, or illegal operations.

The TENANT/CLIENT is obliged to use the rented vessel as if it were their own, according to the rules of good seamanship, and to respect the regulations established by maritime authorities, customs, health, and tax authorities, as well as national or foreign police as applicable. In case of violations of the ordinances by the Tenant, they shall bear all fines, penalties, etc.

The vessel must only navigate within the waters authorized for its category. In no case may the vessel leave Spanish jurisdictional waters. The Tenant is obliged not to carry on board a number of people exceeding what is permitted according to the safety certificate. If the tenant wishes to participate in a sporting competition or regatta during the rental period, it is mandatory to notify LANDLORD/SAILWAY S.L of this intention and to pay the corresponding additional cost of the specific mandatory insurance for participation with the vessel subject to this contract.

The TENANT/CLIENT ensures that they possess the necessary knowledge and experience to undertake the cruise and hold the required nautical license for this purpose. The TENANT/CLIENT agrees not to subcontract or sublease the vessel, in whole or in part. The TENANT/CLIENT assures that the designated captain in this contract has the knowledge and experience necessary to operate the rented vessel safely, possesses the legally required license in Spain, and will have it available during the term of this contract for the relevant authorities. During the validity of this contract, LANDLORD/SAILWAY S.L is exempt from any responsibility that may arise from the lack or insufficiency of the captain's knowledge.

LANDLORD/SAILWAY S.L reserves the right to cancel this contract if the captain does not possess the necessary qualifications and competence to safely operate the vessel. LANDLORD/SAILWAY S.L is not responsible for the validity of the license within Spanish territory, whether it is a Spanish or foreign nautical license. All responsibility, incidents, fines, or penalties arising from such qualifications 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.

The towing of other vessels is completely prohibited except in emergencies; additionally, the rented vessel may only be towed in such cases and always with its own ropes to prevent high salvage costs. The TENANT/CLIENT will not accept agreements or assume responsibilities without authorization from LANDLORD/SAILWAY S.L.

The TENANT/CLIENT commits not to leave the vessel tied or anchored with no one on board in open waters or unprotected areas.

The TENANT/CLIENT will be responsible 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 paddleboard, electric motor, or auxiliary vessel.

In case of hazardous weather reports concerning conditions (exceeding force 6 Beaufort or winds over 25 knots), the Tenant must not leave the harbor they are in or must proceed to the nearest safe harbor or anchorage.

LANDLORD/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 TENANT/CLIENT will return the vessel at the location and date specified in the Specific Conditions of this contract, in the same condition it was received, with the fuel and water tanks full and with equipment and supplies neatly stored and properly stowed. Failure to deliver in these conditions will result in the cost of refilling these tanks being deducted from the deposit.

The TENANT/CLIENT must plan the cruise to return the vessel within the contracted period, considering potential adverse situations that may arise. If abruptly and unpredictably harsh weather delays the return of the vessel, the TENANT/CLIENT is obliged to immediately inform LANDLORD/SAILWAY S.L of these events.

The tenant must plan the cruise to return the vessel within the contracted period, taking into account possible adverse situations. These will not, under any circumstances, provide sufficient reason for delaying the return of the vessel. If abruptly and unpredictably harsh weather delays the vessel's return, the tenant must notify the landlord.

The return of the vessel outside the agreed time frames during check-in will incur a penalty of 60€ + VAT for every hour late in returning the vessel. This amount will be automatically deducted from the deposit. Bad weather cannot be cited as a cause for delay.

Upon returning the vessel, an inspection will be carried out by LANDLORD/SAILWAY S.L, as well as an inventory check of its equipment. If damages to the vessel or losses or breakages of its inventory or damages due to improper use are found, LANDLORD/SAILWAY S.L will deduct the necessary amount for repairs from the deposit. Should there be discrepancies between the parties regarding the return conditions of the vessel and the inventoried goods, the deposit will be refunded at the end of the dispute.

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

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

DELAYS IN RETURN

If there is a delay in returning 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.
• bear all costs resulting from this delay, both for SAILWAY S.L and for their customers who have the vessel booked for subsequent periods.

If after 24 hours from the end of the contract the vessel has not been returned or there is no news of it, a search will be initiated, and its disappearance will be reported to the maritime authorities. The costs incurred will be borne by the TENANT/CLIENT.

Time spent repairing damages to the vessel or re-repairing those that, repaired or instructed to be repaired by the tenant, have not been correctly repaired will also be considered a delay in return.

DAMAGES, THEFT, ACCIDENTS, AND BREAKDOWNS

If LANDLORD/SAILWAY S.L is delayed in delivering the vessel or if it cannot be delivered due to breakdowns or causes beyond the control of the company, a vessel of equal or similar characteristics will be provided. If this is not possible, and at the customer's discretion, a lower category vessel will be provided (with the corresponding return of the proportionate difference in rental price), or the customer may request the cancellation of this contract and the return of the amount paid until that date without being able to use the vessel.

If, during the rental period, there are breakdowns, damages, defects, or losses of equipment in the rented vessel, the tenant is obliged to immediately notify LANDLORD/SAILWAY S.L, which will provide the appropriate instructions to follow.

If accidents occur involving third parties, they must be declared by the tenant before the relevant authorities.

The TENANT/CLIENT must immediately notify LANDLORD/SAILWAY S.L of any accident, incident, breakdown, or occurrence, regardless of its nature. Failure to notify immediately will result in the TENANT/CLIENT losing the full deposit due to a very serious breach of the contract. In the event of accidents, the TENANT/CLIENT must formalize a written accident report detailing the causes, circumstances, and consequences of the incident, including, if known, the name, surname, and address of the responsible person, witnesses, and the names or addresses of any injured parties if there are any. The tenant 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 caused during the rental or other causes not attributable to the tenant, it is not possible to continue using the rented vessel, LANDLORD/SAILWAY S.L will refund the proportional amount for the days when the use of the vessel was not possible, or will provide a vessel with similar characteristics. In no case will this give rise to an extension of the rental period. The TENANT/CLIENT will not order any repairs without first notifying LANDLORD/SAILWAY S.L, who must grant permission. The costs of repair will be borne by the landlord. Damages resulting from negligence, ineptitude, or improper use of the vessel by the TENANT/CLIENT will be fully paid by them and LANDLORD/SAILWAY S.L will consider this contract resolved and reserve the right to claim for damages that the breakage may cause. In such a case, the provisions in the first paragraph of this condition will not apply. The TENANT/CLIENT should exercise special care when using and operating the toilet to avoid any breakdowns or clogs. They must not dispose of toilet paper, intimate hygiene items, wipes, or any other objects that may clog it. Any disregard for these rules that causes a clog of any nature in the toilet during the rental period will require the tenant to pay 450€ + VAT for damages caused to the company. If this payment is not made, the rental/charter company SAILWAY S.L may deduct it from the deposit or charge it to the client's credit card.

The TENANT/CLIENT releases SAILWAY S.L from any responsibility for losses or damages that occur to objects left, stored, or transported by the tenant or by any other person on board, inside or on the vessel under the contract, whether prior to or during the term of this agreement.

In the event of theft and/or misappropriation of the vessel, the tenant is obliged to file the corresponding complaint with the competent authority, providing it to the rental company.

CANCELLATION AND TERMINATION

The TENANT/CLIENT may cancel this contract, with cancellation costs as follows:

• if the cancellation is made more than 30 days before the start of the rental period, they will pay SAILWAY S.L 30% of the rental price.
• if the cancellation is made less than 30 days before the start of the rental period, they will pay SAILWAY S.L 100% of the rental price.

In the event of negligence in the use of the vessel in violation of current legislation, it will lead to the automatic termination of the contract, and the amounts paid will be forfeited in favor of SAILWAY S.L.

If the documentation presented by the tenant does not qualify them to operate the vessel or does not demonstrate sufficient and necessary technical competence, the contract will be terminated immediately, and the amounts paid until that date (except for the deposit which will be refunded) will be retained by LANDLORD/SAILWAY S.L as damages.

TERMINATION ON REQUEST OF THE LANDLORD

SAILWAY S.L may terminate this contract if, for reasons beyond its control, it cannot provide the rented vessel to the Tenant on the delivery date. In this case, SAILWAY S.L will reimburse the TENANT/CLIENT the amount previously paid corresponding to the total of the unutilized rental days. In no case can the TENANT/CLIENT claim compensation from LANDLORD/SAILWAY S.L for the unavailability of the vessel subject to this contract.

ADMINISTRATIVE RETENTIONS

Negligence or improper use of the boat, violating current legislation by the TENANT/CLIENT, will be sufficient reason for instant termination of the contract, with the amounts paid until that moment retained by SAILWAY S.L without right to reimbursement by the tenant. In the event of infringement by the client of customs regulations or any other administration, they will be liable for all fines, penalties, or responsibilities that may arise, as well as all their consequences. In the event of the vessel being seized, the client will pay the landlord compensation for the damages caused an amount equivalent to double the daily rental price for each day that elapses until the restitution and delivery of the boat occurs. In case of confiscation, the client will pay the full value of the boat within eight days. In both cases, the TENANT/CLIENT will lose the amounts paid to the benefit of SAILWAY.

APPLICABLE LAW AND JURISDICTION

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

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 and not to disclose or use directly or indirectly any information derived from this contractual relationship.