2019 | Elan 45 Impression | 46 ft | From 690 £ / day

The Impression 45 is a fantastic cruiser with a very bright interior and a salon featuring a large U-shaped sofa, perfect for accommodating more crew members comfortably around the table. 

It has a length of 13.85m and a beam of 4.18m, providing a spacious deck and a large sunbathing area. 

The twin helm stations offer excellent steering positions for the captain, while the large transom ensures easy access to the swim platform.

The Impression 45 is a fantastic cruiser with a very bright interior and a salon featuring a large U-shaped sofa, perfect for accommodating more crew members comfortably around the table. 

It has a length of 13.85m and a beam of 4.18m, providing a spacious deck and a large sunbathing area. 

The twin helm stations offer excellent steering positions for the captain, while the large transom ensures easy access to the swim platform.

OUR EXTRAS FOR THIS BOAT

Mandatory Extras

• Positioning cost to the port (150 €)
• Delivery / Pickup (35 €)
• Final cleaning (90 €)

Optional Extras

• Late check out (200 €) 
• Outboard motor (100 €) 
• Paddle surf (50 €) 
• Skipper (220 €/day)
• Bedding (40 €) 

RENTAL CONDITIONS

1.- OBJECT 

The essential object of this contract is the rental of the vessel owned by you, as indicated in the Specific Conditions, in adequate navigability conditions for exclusive recreational and private sailing use, according to the terms and conditions agreed upon by the parties in this contract.

2.- LEASE PERIOD

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

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

Delay in the pickup of the vessel by the TENANT/CLIENT due to their fault will not imply an extension of the rental period.

Delay in returning the vessel by the TENANT/CLIENT to its home port will entitle the LESSOR/SAILWAY S.L. to retain the security deposit and to claim from the first according to the provisions of the Clause.

3.- 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, with all equipment and filled water, fuel, and gas tanks. 

If adverse weather conditions force the TENANT/CLIENT to delay their initial or subsequent departures, there will be no reduction in price or extension of the scheduled term defined in this document, unless expressly agreed upon by both parties.

Before the vessel is delivered, both parties will inspect the vessel and sign the CHECK IN (inventory). Once completed, the Tenant will sign the CHECK IN (inventory) acknowledging their acceptance. Acceptance of the boat and signing of the inventory presumes that it is in good condition and that the Tenant accepts the terms of this contract. 

The vessel must be returned to the Lessor within the timeframe specified in the Specific Conditions of this contract and according to the specified Clause.

4.- SECURITY DEPOSIT

The Tenant must deliver to the LESSOR/SAILWAY S.L. the amount specified in the Specific Conditions as a security deposit.

THE TENANT/CLIENT will provide at the time of signing the contract, the amount described in the Specific Conditions as a SECURITY DEPOSIT. The SECURITY DEPOSIT will be placed on a VISA credit card to guarantee compliance with the obligations contained in this contract. This amount will be returned to the TENANT/CLIENT once the rental contract has ended and SAILWAY has verified the condition of the vessel and the fulfillment of the tenant'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 deterioration that occurs, both to the leased vessel and any of its auxiliary elements, such as the auxiliary boat, as well as everything inventoried and verified in the signed "Check in-out" document by both parties. In the event of any of the above circumstances or a delay in the scheduled delivery, the LESSOR/SAILWAY S.L. will retain and charge against the deposit until compensating for the damages or losses incurred, both material and lost profits. The TENANT/CLIENT will pay the full amount of the deposited security according to the invoices for such damages, losses, or repairs according to Sailway's providers and the corresponding labor.

The TENANT/CLIENT must immediately notify the LESSOR/SAILWAY S.L of any accident, incident, damage, or circumstance regardless of its nature. FAILURE TO PROVIDE IMMEDIATE NOTICE WILL RESULT IN THE CLIENT LOSING THE ENTIRE SECURITY DEPOSIT DUE TO A 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 what occurred, as well as, if known, the name, surname, and address of the person responsible for the incident and witnesses, as well as the names and addresses of the injured parties if any. For the purposes of this contract, an accident is understood to be any fortuitous, spontaneous, external, or violent event.

5.- EXCLUDED ITEMS FROM THE RENTAL PRICE

Neither fuel consumption nor stays at ports other than the base port of the vessel are included in the contract price and must be paid by the TENANT/CLIENT. 

FUEL: The TENANT/CLIENT must return the vessel to the LESSOR/SAILWAY S.L. with a full fuel tank, and it is mandatory to provide the refueling receipt to Sailway personnel at the moment the check-out of the boat is performed. In case of failure to refuel, the total consumed plus a penalty of €50 + VAT for breaching the contract will be deducted from their deposit.

6.- INSURANCE

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

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

Should any accident occur affecting the rented vessel, its crew, passengers, third parties, or any type of property, the tenant must formalize a written accident report, informing LESSOR/SAILWAY S.L. of the causes, circumstances, and consequences of what occurred, as well as the names, surnames, and address of the person responsible for the incident, witnesses, and any injured parties, if applicable.

7.- USE OF THE VESSEL

The vessel subject to this contract will be reserved exclusively for recreational navigation and may not be used for commercial or illegal operations.

The TENANT/CLIENT agrees to use the rented vessel as if it were their own according to good sailing practices, and to respect the regulations established by maritime, customs, health, and tax authorities, as well as national or foreign police in applicable cases. In case of violation of regulations by the Tenant, they shall bear all sanctions, 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 Tenant agrees not to carry on board a number of people greater than permitted according to the safety certificate. If the tenant wishes to participate in a sporting competition or regatta during the rental period, they must notify LESSOR/SAILWAY S.L of their intention and pay the corresponding fee for the specific mandatory insurance needed to participate with the vessel subject to this contract.

The TENANT/CLIENT assures that they possess the necessary knowledge and experience for the cruise and have the required nautical qualifications. The TENANT/CLIENT agrees not to subcontract or partially sublet the vessel. The CLIENT ensures that the designated skipper in this contract possesses the knowledge and experience necessary to safely operate the rented vessel, holds the legally required qualification in Spain, and will have it available for the appropriate authorities during the term of this contract. During the duration of this contract, LESSOR/SAILWAY S.L shall be released 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 the sufficient training and competence to safely operate the vessel. LESSOR/SAILWAY S.L is not responsible for the validity or validity of qualifications in Spanish territory, whether of a Spanish or foreign nautical certificate. All responsibility, incidents, fines, or sanctions resulting from such qualifications will be the total responsibility of the TENANT/CLIENT.

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

The boarding of weapons, drugs, or products that may violate Spanish law is strictly prohibited.

The towing of other vessels is completely prohibited except in emergencies; furthermore, the rented vessel will only 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 LESSOR/SAILWAY S.L.

The TENANT/CLIENT agrees not to leave the vessel moored or anchored, with no one on board, in open water or unprotected waters.

The TENANT/CLIENT will be responsible for any damage or losses 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 surf board, electric motor, or auxiliary boat.

In the event of dangerous weather reports about the weather or the sea (above force 6 Beaufort or winds over 25 knots), the Tenant agrees not to leave the port where they are located or to go to the nearest safe port 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.

The TENANT/CLIENT must fully comply with the regulations of the Atlantic Islands Maritime Land National Park (Cíes, Ons, Sálvora, and Cortegada archipelagos) as well as the obligation to confirm anchoring permits and cancellations directly with SAILWAY S.L. Anchoring permits are requested per day/night, and the TENANT/CLIENT is prohibited from docking at any buoys of the National Park. The permitted anchoring areas (with anchor) are as follows:

- Cíes on the Middle Island or Lighthouse Island: Rodas Beach and Nosa Señora Beach

- Cíes on the South Island or San Martiño: San Martiño Beach

- Ons Islands: Melide Beach

- Sálvora Island: Almacén Beach

SAILWAY S.L is not responsible for the Tenant's non-compliance with the regulations of the Atlantic Islands Maritime Land National Park during the rental period as specified in the specific conditions of this contract.

8.- RETURN OF THE VESSEL

The TENANT/CLIENT will deliver the vessel at the time and place indicated in the Specific Conditions of this contract, in the same condition in which they received it, with full fuel and water tanks and the equipment and provisions in order and properly stowed. If it is not delivered in these conditions, the cost of filling such tanks will be deducted from the deposit.

The TENANT/CLIENT must plan the cruise to ensure the vessel's return within the contracted timeframe, taking into account possible adverse situations that may arise.  If due to sudden and unforeseeable severe weather, the return of the vessel is delayed, the TENANT/CLIENT is obliged to immediately inform LESSOR/SAILWAY S.L of such events.

The tenant must plan the cruise for the return of the vessel within the contracted period, taking into account possible adverse situations that may arise. These shall not, under any circumstances, constitute sufficient grounds for the delay in returning the vessel. Should a return be delayed due to sudden and unforeseeable bad weather, the tenant must notify the lessor.

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

Upon returning the vessel, it will be inspected along with its inventory and equipment by LESSOR/SAILWAY S.L. If any damage is found or if there are missing or broken equipment due to improper use, LESSOR/SAILWAY S.L will deduct from the deposit the necessary amount to repair such damages. In the event of discrepancies between the parties about the return conditions of the vessel and inventoried items, the deposit will be returned at the time of ending the dispute.

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

To deliver 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 in the return location.

9.- DELAYS IN RETURN

In case of any delays 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 delivering the vessel.

- to take responsibility for any costs incurred due to this delay, both for SAILWAY S.L and for their clients who have booked the vessel for subsequent periods.

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

Time taken for the repair of damages to the vessel or for a second repair of previously repaired damages by the tenant that were not correctly repaired will also be considered a delay in the return.

10.- DAMAGES, THEFT, ACCIDENTS, AND BREAKDOWNS.

If LESSOR/SAILWAY S.L is delayed in delivering the vessel or cannot deliver it due to breakdowns or for any reason beyond the company's control, an equivalent vessel of equal or similar characteristics will be provided. If this is not possible, and at the customer's choice, a lower category vessel can be provided (with a proportional refund of the rental price difference) or the customer may request the termination of this contract and the return of amounts paid up to that date, not being able to make use of the vessel.

If during the rental period, breakdowns, damages, defects, or losses of material occur to the rented vessel, the tenant is obliged to immediately inform LESSOR/SAILWAY S.L, who will provide the necessary instructions.

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

The TENANT/CLIENT must immediately notify LESSOR/SAILWAY S.L about any accident, incident, damage, or circumstance regardless of its nature. Failure to provide immediate notice will result in the TENANT/CLIENT losing the entire security deposit due to a serious breach of the contract. In the case of accidents, the TENANT/CLIENT must complete a written accident report, detailing the causes, circumstances, and consequences of what occurred, as well as the names, surnames, and address of the person responsible for the incident and the witnesses, as well as the names or addresses of any injured parties, if applicable. The tenant agrees to cooperate with the rental company and the Insurance Company in investigating and defending any claim and process.

If due to a breakdown occurring during the rental or other reasons not attributable to the tenant, it is not possible to remain in the rented vessel, LESSOR/SAILWAY S.L will refund the proportional amount for the days the vessel has not been usable or will provide a vessel of similar characteristics. Under no circumstances will this entitle an extension of the rental period. The TENANT/CLIENT will not order any repairs without first informing LESSOR/SAILWAY S.L of the breakdown, who must grant permission. The repair costs will be borne by the lessor. Damages resulting from negligence, incompetence, or improper use of the vessel by the TENANT/CLIENT, will be fully paid by them and LESSOR/SAILWAY S.L will consider this contract resolved and reserve the right to claim damages resulting from the breakdown. In this case, the provisions of the first paragraph of this condition will not apply. The TENANT/CLIENT must take special care with the use and operation of the toilet to avoid any breakdown or blockage. You may not dispose of toilet paper, intimate hygiene items, wipes, or any other items that can block it. Any failure to comply with these rules causing a blockage of any nature in the WC during the rental period, the client must pay €450 + VAT for the damages caused to the company. If payment is not made, the rental/charter company SAILWAY S.L may deduct it from the deposit amount or charge it to the client's credit card.

The TENANT/CLIENT releases SAILWAY S.L from all liability for losses or damages that occur to items left, stored, or transported by the tenant or by any other person aboard, within or on the vessel subject to the contract, whether prior to or during the duration of this.

In the event of theft or misappropriation of the vessel, the tenant is obliged to present the corresponding complaint to the competent authority, delivering the same to the rental company.

11.- CANCELLATION AND TERMINATION

The TENANT/CLIENT may proceed with the cancellation of 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 event of negligence in using the vessel in violation of current legislation, this will be grounds for automatic termination of the contract, with amounts paid in favor of SAILWAY S.L.

Should the documentation provided by the tenant not qualify them to operate the vessel or not demonstrate sufficient technical competence, the contract will be deemed immediately terminated, with amounts paid to date (except the deposit which will be refunded) as damages retained by LESSOR/SAILWAY S.L.

12.- TERMINATION AT THE INITIATIVE OF THE LESSOR

SAILWAY S.L may terminate this contract if, due to causes beyond their control, they are unable to make the contracted vessel available to the Tenant on the date the vessel is to be delivered. In such a case, SAILWAY S.L will refund the TENANT/CLIENT the amount paid for the total days of unused rental. Under no circumstances may the TENANT/CLIENT claim from LESSOR/SAILWAY S.L any compensation for the unavailability of the vessel subject to this contract.

13.- ADMINISTRATIVE RETENTIONS.

Negligence or misuse of the boat, infringing current legislation by the TENANT/CLIENT will be sufficient grounds for immediate termination of the contract, with amounts paid up to that point held by SAILWAY S.L without the right to reimbursement by the tenant. In the event of a customer's infringement of customs regulations or any other administration, they will be liable for all fines, penalties, or responsibilities as appropriate, as well as all their consequences. In the event of the vessel's seizure, the customer will pay the lessor damages and losses caused an amount equivalent to double the daily rental price for each day that passes until the restitution and delivery of the boat take place. In case of confiscation, the customer must pay the full value of the boat within eight days. In both cases, the TENANT/CLIENT will lose, in favor of SAILWAY, the amounts paid.

14.- APPLICABLE LAW AND COMPETENT JURISDICTION.

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

15.- CONFIDENTIALITY AND DATA PROTECTION

The parties commit to maintaining absolute confidentiality regarding the information and documentation provided or accessed during the provision of the Service, not revealing or directly or indirectly using the information derived from this contractual relationship.

Both parties inform that the personal data of the signatories of this contract may be included in their respective processes to fulfill the purpose of managing and maintaining the contractual relationship, being stored for no longer than necessary to comply with it. At any time, they may exercise their rights of access, rectification, cancellation, deletion, limitation, portability, and the right not to be subject to automated decisions, as well as those recognized by applicable regulations, accompanied by a photocopy of their ID or any equivalent identification document, to the address indicated above.

Additionally, interested parties have the right to complain to the Control Authority (Spanish Data Protection Agency;  www.agpd.es ).