2017 | Elan Impression 40 | 39 ft | From 600 £ / day

Elan Impression 40

Friendship - Sailing Boat

• Year: 2017
• Length: 11.9 m
• Beam: 3.9 m
• Draft: 1.8 m
• Engine: 1 x 40.6hp
• Fuel Tank: 170 l
• Fuel Type: Diesel

Elan Impression 40

Friendship - Sailing Boat

• Year: 2017
• Length: 11.9 m
• Beam: 3.9 m
• Draft: 1.8 m
• Engine: 1 x 40.6hp
• Fuel Tank: 170 l
• Fuel Type: Diesel

Mandatory ExtrasHarbor positioning fee (350 €)Delivery / Pick-up (35 €)Final cleaning (90 €)Optional ExtrasLate check-out (200 €) (Departure at 14:00)Outboard motor (100 €) (The perfect complement for the dinghy, this is a small outboard motor that will save you from rowing to shore.)Paddle surf (50 €) (A paddle over 3 meters)Skipper (220 €/day)Bedding (40 €) (If you require both bedding and towels, choose this extra to have both sets at a lower price.)OBJECTThe essential object of this contract is the rental of the vessel owned by you, as indicated in the Particular Conditions, under adequate...

Mandatory Extras

• Harbor positioning fee (350 €)
• Delivery / Pick-up (35 €)
• Final cleaning (90 €)

Optional Extras

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

OBJECT

The essential object of this contract is the rental of the vessel owned by you, as indicated in the Particular Conditions, under adequate navigability conditions to be used exclusively for recreational sailing and private purposes, according to the terms and conditions agreed upon by the parties in this contract.

RENTAL 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 written consent of both parties.

A delay in the removal of the vessel by the LESSEE/CLIENT, due to their fault, will not imply an extension of the rental period.

A delay in returning the vessel by the LESSEE/CLIENT to its home port will entitle the LESSOR/SAILWAY S.L to withhold the deposit and to claim compensation from the former as provided in the Clause.

PICK-UP AND DELIVERY LOCATION

The vessel will be delivered to the LESSEE/CLIENT at the port and time stated 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 or subsequent departure, there will be no reduction in price or extension of the timeframe established in this document, unless otherwise expressly agreed by both parties.

Before the vessel delivery, both parties will inspect the vessel and sign the CHECK IN (inventory). Once completed, the Lessee will sign the CHECK IN sheet (inventory), giving their consent. Acceptance of the boat and signing of the inventory implies that it is in good condition and that the Lessee accepts the terms 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.

DEPOSIT

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

THE LESSEE/CLIENT will submit, 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 guarantee compliance with the obligations contained in this contract. This amount will be returned to the LESSEE/CLIENT once the rental contract has ended and SAILWAY has verified the condition of the vessel and compliance with the lessee's obligations. To this end, it may be necessary to withhold the deposit for up to a maximum of 7 days after the vessel is returned.

The LESSOR/SAILWAY S.L is responsible for any damages, losses, or breakdowns occurring to the rented vessel or any of its auxiliary components, such as the dinghy, as well as all inventoried and verified items in the document signed by both parties during "Check in-out." In the event of any of the above circumstances, or delays in scheduled returns, LESSOR/SAILWAY S.L will retain and apply the deposit until damages or losses are compensated, including lost profits. The LESSEE/CLIENT will pay the total deposit based on invoices for any such damages, losses, or repairs according to Sailway's suppliers and related labor costs.

The LESSEE/CLIENT must notify LESSOR/SAILWAY S.L immediately of any accident, incident, damage, or issue, regardless of its nature. FAILURE TO INFORM IMMEDIATELY WILL RESULT IN THE CLIENT LOSING THE ENTIRE DEPOSIT DUE TO A VERY SERIOUS CONTRACT BREACH. In case of an accident, a written accident report detailing the causes, circumstances, and consequences of the incident must be made, as well as, if known, the names, surnames, and addresses of the responsible party and witnesses, along with the names and addresses of any injured parties, if there are any. For the purposes of this contract, an accident shall mean any unforeseen, spontaneous, external, or violent event.

EXCLUDED FROM RENTAL PRICE

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

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

INSURANCE

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

The client admits to having read the insurance conditions and agrees to the contracted coverage, committing to comply with those 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 deposit of 2,500€ for sailboats and 1,500€ for motorboats.

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

USE OF THE VESSEL

The vessel covered by this contract will be exclusively for recreational sailing and cannot be used for commercial, profitable, or illegal operations.

The LESSEE/CLIENT agrees to use the rented vessel as if it were their property according to good boating practices, and to respect the rules set by maritime, customs, health, and tax authorities, as well as national or foreign police, if applicable. In case of infringing ordinances by the Lessee, they shall bear all penalties, fines, etc.

The vessel must only navigate within waters permitted for its category. Under no circumstances may the vessel leave Spanish jurisdictional waters. The Lessee agrees not to transport more persons on board than allowed according to the safety certificate. Should the lessee wish to participate in a sporting event or regatta during their rental period, it is mandatory to notify LESSOR/SAILWAY S.L of this intention and pay the additional cost for the specific mandatory insurance required to participate with the vessel under this contract.

The LESSEE/CLIENT ensures that they possess the necessary knowledge and experience to undertake the cruise and holds the required nautical license for this purpose. The LESSEE/CLIENT agrees not to subcontract or sublet the vessel, either entirely or partially. The LESSEE/CLIENT assures that the designated skipper in this contract has the necessary knowledge and experience for the operation of the rented vessel, holds the legally required license in Spain and will have it available to relevant authorities during the duration of this contract. During this contract's duration, LESSOR/SAILWAY S.L will be exempt from any responsibility arising from the lack or insufficiency of the skipper's knowledge.

LESSOR/SAILWAY S.L reserves the right to cancel this contract if the skipper does not have adequate training and competence to safely operate the vessel. LESSOR/SAILWAY S.L is not responsible for the validity of the license in Spanish territory, whether it is a Spanish or foreign nautical license. Any responsibility, incidents, fines, or penalties due to said qualification will be the total responsibility of the LESSEE/CLIENT.

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

Bringing arms, narcotics, and any products that may contravene Spanish legislation is strictly prohibited.

It is strictly prohibited to tow other vessels except in emergencies; likewise, the rented vessel may only be towed in the same cases and always with its own lines to avoid high rescue costs. The LESSEE/CLIENT will not accept agreements nor assume responsibilities without authorization from LESSOR/SAILWAY S.L.

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

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

In case of hazardous weather reports about the situation (above force 6 on the Beaufort scale or winds starting at 25 knots), the Lessee agrees not to leave the harbor they find themselves at 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 breakage will be deducted from the deposit.

RETURN OF THE VESSEL

The LESSEE/CLIENT will return the vessel to the location and date specified in the Particular Conditions of this contract, in the same condition as received, with full fuel and water tanks and with equipment and materials properly ordered and stowed. Failure to deliver in these conditions will result in a deduction from the deposit for the filling of these tanks.

The LESSEE/CLIENT must plan the cruise to return the vessel within the contracted period, taking into account possible adverse situations that may arise. If adverse weather causes a delay in the vessel return, the LESSEE/CLIENT is obligated to inform LESSOR/SAILWAY S.L immediately of such events.

The lessee must plan the cruise to return the vessel within the contracted period, considering potential adverse situations that may arise. These will not, under any circumstances, justify a delay in returning the vessel. If adverse and unpredictable weather causes the delay in returning the vessel, the lessee is obligated to inform the lessor.

Returning the vessel outside of the agreed timing at check-in will incur a penalty of 60€ + VAT for every hour delayed in returning the vessel. This amount will be automatically deducted from the deposited security deposit. Bad weather cannot be invoked as a cause for delay.

Upon return of the vessel, a review of the same, as well as its inventory and equipment, will be carried out by LESSOR/SAILWAY S.L. If damages to the vessel or losses or breakages of its equipment or damages due to misuse are found, LESSOR/SAILWAY S.L will deduct from the deposit the necessary amount to repair such damages. In the event of discrepancies between the parties regarding the conditions for the return of the vessel and inventoried goods, the deposit will be refunded at the end of the dispute.

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

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

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 returning the vessel.
• to cover all expenses arising from this delay, both for SAILWAY S.L and for its clients who have contracted the vessel for subsequent periods.

If 24 hours after the end of the contract the vessel has not been returned nor any news received, a search will be initiated, and its disappearance will be reported to the maritime authorities. Any costs incurred from this will be borne by the LESSEE/CLIENT.

Considered as a delay in return will also be the time taken to repair any damages the vessel presents or the second repairs of those that, repaired or dispatched for repair by the lessee, have not been correctly repaired.

DAMAGES, THEFT, ACCIDENTS AND BREAKDOWNS.

If LESSOR/SAILWAY S.L is delayed in delivering the vessel or is unable to deliver it due to breakdowns or any cause beyond the company's control, a similar or equal vessel will be provided. If this is not possible, at the client's option, they may receive a vessel of lower category (with the corresponding refund of the proportional difference in the rental price) or the client may request the termination of this contract and the return of any amounts paid to date, being unable to use the vessel.

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

If accidents involve 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, incident, damage, or occurrence regardless of its nature. Failure to inform immediately will result in the CLIENT losing the entire deposit due to a very serious breach of contract. In case of accidents, the LESSEE/CLIENT must formalize a written accident report detailing the causes, circumstances, and consequences of what occurred, as well as, if known; the name, surname, and address of the responsible person, and of witnesses and also the names or addresses of the injured parties if any. The lessee 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 occurring during the rental or other causes not attributable to the lessee, it is not possible to continue with the rented vessel, LESSOR/SAILWAY S.L will reimburse the proportionate amount for the days that the vessel could not be used or will provide a vessel with similar characteristics. This will under no circumstances entitle the extension of the rental period. The LESSEE/CLIENT will not order any repairs without first reporting the breakdown to LESSOR/SAILWAY S.L, who must grant their permission. Repair costs will be the responsibility of the lessor. Breakdowns resulting from negligence, ineptitude, or improper use of the vessel by the LESSEE/CLIENT will be paid for in full by them, and LESSOR/SAILWAY S.L will consider this contract resolved and reserve the right to claim for damages caused by the breakdowns. In this case, the provisions of 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 clogs. They must not dispose of toilet paper, intimate hygiene items, wipes, or any other items that may clog it. Any non-compliance with these rules causing any blockage in the WC during the rental period will require the client to pay 450€ + VAT for the damages caused to the company. If payment is not made, the rental company/charter SAILWAY S.L may deduct this amount from the deposit or charge it to the client's credit card.

The LESSEE/CLIENT relieves SAILWAY S.L the lessor of all responsibility for losses or damages occurring to objects left, stored or transported by the lessee or anyone else aboard, within or over the vessel subject of the contract, whether prior or during the duration of this agreement.

In the event of theft and/or removal of the vessel the lessee is obligated to present the corresponding report of the incident to the competent authority, providing the same to the rental company.

CANCELLATION AND TERMINATION

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

• if cancellation occurs more than 30 days before the rental period begins, the LESSEE will pay SAILWAY S.L 30% of the rental price.
• if the cancellation occurs less than 30 days before the rental period begins, the LESSEE will pay SAILWAY S.L 100% of the rental price.

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

If the documentation presented by the lessee does not qualify them to operate the vessel or does not prove sufficient and necessary technical competence, the contract will be immediately considered resolved, with amounts paid until then (except for the deposit which will be returned) treated as damages and injuries in favor of LESSOR/SAILWAY S.L.

TERMINATION AT THE LESSOR'S REQUEST

SAILWAY S.L may terminate this contract if due to circumstances beyond its control it is unable to provide the leased vessel to the Lessee on the date it is due to be delivered. In such case, SAILWAY S.L will reimburse the LESSEE/CLIENT the amount provided corresponding to the total of the unused rental days. Under no circumstances may the LESSEE/CLIENT claim compensation from LESSOR/SAILWAY S.L for the unavailability of the vessel subject to this contract.

ADMINISTRATIVE RETENTIONS

Negligence or misuse of the boat, violating current legislation by the LESSEE/CLIENT, will be sufficient cause for instant termination of the contract, with any amounts paid until that point retained by SAILWAY S.L without the lessee’s right to reimbursement. In the event of an infringement by the client of customs ordinances or any other Administration, they will be liable for all fines, penalties, or responsibilities arising therefrom, as well as their consequences. In case of seizure of the vessel, the client will pay the lessor an indemnity equivalent to double the daily rental price for each day until the vessel is restored and delivered. In case of confiscation, the client will pay the full value of the vessel within eight days. In both cases, the LESSEE/CLIENT will lose the amounts provided, benefitting SAILWAY.

APPLICABLE LAW AND COMPETENT JURISDICTION

The applicable law will be Spanish. The parties expressly submit, for any matters that may arise from this contract, to the jurisdiction of the courts of Vigo, expressly waiving any other jurisdiction that may correspond to them under 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, and not to disclose, or use directly or indirectly the information derived from this contractual relationship.