2006 | Elan 344 Impression | 33 ft | From 360 $ / day

"Experience elegance, performance, and comfort on board"

This boat offers an exceptional blend of comfort, capacity, and advanced equipment. The Sailway Cinco comfortably accommodates up to 6 guests in 3 cabins, ensuring privacy, along with 2 additional guests in the salon that converts into a bed. The spacious interior design creates a cozy atmosphere, while the fully equipped kitchen ensures convenient meal preparation. Its exterior boasts an elegant design that combines performance and style. Its aerodynamic shape and streamlined hull enhance speed and stability.

Mandatory Extras

• Port positioning fee (150 €)
• Delivery/Pickup (35 €)
• Final cleaning (90 €)

Optional Extras

• Late check-out (200 €) (Departure at 2:00 PM)
• Outboard motor (100 €) (The perfect complement for the dinghy, it’s a small outboard motor that will save you from rowing to the shore.)
• Stand-up paddleboard (50 €) (A paddleboard 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.)

SUBJECT

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

TERM OF THE LEASE

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

Any delay in the removal of the vessel by the TENANT/CLIENT, due to causes attributable to them, will not imply an extension of the rental period.

The delay in returning the vessel by the TENANT/CLIENT at its home port will entitle the LESSOR/SAILWAY S.L to withhold the security deposit and claim compensation from the tenant 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, with all equipment onboard, and with full tanks of water, fuel, and gas.

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

Before the 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 (inventory) sheet, giving their approval. The acceptance of the boat and signing of the inventory assumes that the boat is in good condition and that the Tenant agrees to 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 according to the provisions of the Clause.

SECURITY DEPOSIT

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

THE TENANT/CLIENT will provide at the time of signing the contract, as a SECURITY DEPOSIT, the amount described in the Particular Conditions. The SECURITY DEPOSIT will be held 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, as well as the fulfillment of the tenant's obligations. To do this, it may be necessary to retain the deposit for up to a maximum of 7 days after the return of the vessel.

The LESSOR/SAILWAY S.L is responsible for any injury, damage, loss, or breakdown that occurs, both in the rented vessel and in any of its auxiliary elements such as the auxiliary boat, as well as everything inventoried and verified in the document signed by both parties during the "Check in-out" process. If any of the aforementioned circumstances occur, or if there is a delay in the scheduled delivery, the LESSOR/SAILWAY S.L will retain and apply the deposit to compensate for damages or losses incurred, both material and lost profits. The TENANT/CLIENT will pay the full amount of the deposited deposit according to the invoices for such damages, losses incurred, or repairs as per Sailway's suppliers and corresponding labor.

The TENANT/CLIENT must immediately notify LESSOR/SAILWAY S.L of any accident, incident, breakdown, or occurrence regardless of its nature. FAILURE TO IMMEDIATELY INFORM WILL RESULT IN THE TENANT LOSING THE ENTIRE SECURITY DEPOSIT DUE TO A SERIOUS DEFAULT 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 the name, surname, and address of the person responsible and any witnesses, as well as the names and addresses of the affected parties if any. An accident, for the purposes of this contract, is understood as any unforeseen, spontaneous, external, or violent event.

CONCEPTS EXCLUDED FROM THE RENTAL PRICE

The rental price does not include fuel consumption or stays at a port other than the vessel's home base, which will always be at the TENANT/CLIENT's expense.

FUEL. The TENANT/CLIENT must return the vessel to LESSOR/SAILWAY S.L with a full fuel tank, and is required to provide the refueling receipt to the Sailway staff at the time the check-out is performed. If refueling does not occur, the total consumed will be deducted from the security deposit plus a penalty of 50€ + VAT for breach of contract.

INSURANCE

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

The client admits to having read the insurance conditions and agrees with the contracted coverages, committing to comply with these terms and obligations. The client will be responsible for paying any damage, loss, material or personal injuries, that occur 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 tenant must formally document an accident report, notifying LESSOR/SAILWAY S.L of the causes, circumstances, and consequences of what occurred, along with names, surnames and the address of the party responsible, witnesses, and any affected persons, if known.

USE OF THE VESSEL

The vessel subject to this contract will be exclusively used for recreational sailing and may not be utilized for commercial, lucrative, 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 by national or foreign police if applicable. In the case of any infringements of ordinances by the Tenant, they will bear all penalties, fines, etc.

The vessel must only sail within the waters authorized for its category. Under no circumstances may the vessel leave Spanish jurisdictional waters. The Tenant agrees not to carry aboard a greater number of persons than permitted according to the security certificate. If the tenant wishes to participate in a sporting competition or regatta during their rental period, it is mandatory to notify LESSOR/SAILWAY S.L of this intention and pay the additional fee for the specific required insurance to participate with the vessel subject to this contract.

The TENANT/CLIENT assures that they possess the necessary knowledge and experience for sailing and hold the required nautical title. The TENANT/CLIENT agrees not to subcontract or sublease the vessel, either fully or partially. The TENANT/CLIENT acknowledges that the skipper designated in this contract has the knowledge and experience necessary to operate the rented vessel, holds the legally required title in Spain, and will have it available for the relevant authorities during the term of this contract. During the validity of this contract, LESSOR/SAILWAY S.L is exempt from all responsibility that may arise 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 possess the sufficient qualification and competence to operate the vessel safely. LESSOR/SAILWAY S.L is not responsible for the validity of titles in Spanish territory, whether a Spanish or foreign nautical title. All responsibility, incidents, fines, or sanctions resulting from such titles will be solely the responsibility of the TENANT/CLIENT.

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

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

It is completely prohibited to tow other vessels unless in cases of emergency, and the rented vessel may only be towed in those cases and always with its own ropes to avoid high salvage costs. The TENANT/CLIENT will not accept agreements or assume responsibilities without approval from LESSOR/SAILWAY S.L.

The TENANT/CLIENT agrees not to leave the vessel moored or anchored, with no one onboard, in unprotected bays or waters.

The TENANT/CLIENT will be responsible for any damages or injuries 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 the event of hazardous weather reports about the weather or the sea (above force 6 Beaufort or wind speeds of 25 knots or more), the Tenant agrees not to leave the port they are in or to proceed 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 damage will be deducted from the deposit.

RETURN OF THE VESSEL

The TENANT/CLIENT will deliver the vessel at the location and date indicated in the Particular Conditions of this contract, in the same condition as received, with full fuel and water tanks and the equipment and provisions orderly and properly stowed. If not returned in 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 period, considering potential adverse situations. If due to sudden and unforeseeable bad weather the return of the vessel is delayed, the TENANT/CLIENT is obliged to inform LESSOR/SAILWAY S.L immediately of these events.

The tenant must plan the cruise to return the vessel within the contracted period, taking potential adverse situations into account. These will not, in any case, be sufficient reason for the delay in the return of the vessel. If due to sudden and unforeseeable bad weather, the return of the vessel is delayed, the tenant is obliged to notify the lessor.

Returning the vessel outside the agreed time outlined in the check-in will incur a penalty of 60€ + VAT for each hour of delay in returning the vessel. This amount will be automatically deducted from the deposited security. Bad weather cannot be cited as a reason for delay.

Upon returning the vessel, a review will be conducted of it as well as its inventory and equipment by LESSOR/SAILWAY S.L. If any damages to the vessel or loss or damage to its equipment occur due to improper use, LESSOR/SAILWAY S.L will deduct the necessary amount from the security deposit to repair such damages. In the event of discrepancies between the parties regarding the conditions for returning the vessel and inventoried goods, the deposit will be refunded upon the resolution of the dispute.

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

To deliver it at a different port, the TENANT/CLIENT must obtain express written permission from SAILWAY S.L. The TENANT/CLIENT will bear all costs incurred from this change in the return location.

RETURNS DELAYS

If there is a delay in returning the vessel, the TENANT/CLIENT will be obliged:

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

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

Time spent repairing damages to the vessel or the second repair of previously repaired issues not done correctly will also be considered as a delay in the return.

DAMAGES, THEFTS, ACCIDENTS, AND BREAKDOWNS.

If LESSOR/SAILWAY S.L is delayed in delivering the vessel or is unable to deliver it due to breakdowns or for reasons beyond the company's control, a vessel of similar characteristics will be provided. If this is not possible, at the client's option, a lower category vessel will be provided (with a proportional refund of the rental price difference) or the client may request the termination of this contract and the refund of the amount paid up until that date, but will not be able to use the vessel.

If damages, breakdowns, defects, or losses of material occur during the rental period, the tenant is obliged to immediately notify LESSOR/SAILWAY S.L, which will provide appropriate instructions.

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

The TENANT/CLIENT must immediately notify LESSOR/SAILWAY S.L of any accident, damage, breakdown, or incident regardless of its nature. Failure to inform immediately will result in the TENANT/CLIENT losing the entire deposit due to a serious breach of the contract. In the case of accidents, the TENANT/CLIENT must formalize a written accident report, detailing the causes, circumstances, and consequences of the event, as well as, if known; the name, surname and address of the responsible party and of witnesses, as well as the names or addresses of affected parties if any. The tenant commits to collaborating with the leasing company and the Insurance Company in the investigation and defense of any claims and processes.

If due to a breakdown during the lease or other causes not attributable to the tenant, it is not possible to continue with the rented vessel, LESSOR/SAILWAY S.L will refund the proportional amount for the days in which the vessel could not be used or will provide a similar vessel. In no case will this give right to an extension of the rental period. The TENANT/CLIENT will not order any repairs without first notifying LESSOR/SAILWAY S.L of the breakdown, who must grant permission. Repair costs will be the responsibility of the lessor. Damages resulting from negligence, incompetence, or improper use of the vessel by the TENANT/CLIENT will be paid for in full by them, and LESSOR/SAILWAY S.L will consider this contract resolved and will reserve the right to claim for any damages and losses caused by the breakdown. In this case, the stipulations in the first paragraph of this clause will not apply. The TENANT/CLIENT must take special care in the use and operation of the toilet to avoid any breakdown or clogging. They may not throw toilet paper, intimate hygiene items, wipes, or any other item that could clog it. Any infringement of these rules that causes a clog of any nature in the toilet during the rental period will result in a charge of 450€ + VAT for the damages incurred to the company. If such payment is not made, the charter company SAILWAY S.L may deduct the amount from the security deposit or charge it to the client's credit card.

The TENANT/CLIENT releases SAILWAY S.L the lessor from all responsibility for losses or damages that occur 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 prior to or during the validity of this.

In the event of theft and/or removal of the vessel, the tenant is obliged to file the corresponding report of the incident with the competent authority, providing a copy to the leasing company.

CANCELLATION AND TERMINATION

The TENANT/CLIENT may proceed with the cancellation of this contract with the 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 in violation of current legislation, it will constitute grounds for the automatic termination of the contract, with the amounts paid to SAILWAY S.L forfeited.

If the documentation presented by the tenant does not qualify them to operate the vessel or does not demonstrate sufficient and necessary technical competency, the contract will be deemed resolved immediately, with all amounts paid to date (except for the deposit which will be returned) for damages lastingly retained by LESSOR/SAILWAY S.L.

TERMINATION AT THE LESSOR'S REQUEST

SAILWAY S.L may terminate this contract if, for reasons beyond its control, it cannot make the contracted vessel available to the Tenant for delivery on the agreed date. In this case, SAILWAY S.L will refund to the TENANT/CLIENT the amount already paid that corresponds to the total of the unused rental days. The TENANT/CLIENT may not in any case claim damages from LESSOR/SAILWAY S.L for the unavailability of the vessel subject to this contract.

ADMINISTRATIVE HOLDS

Negligence or improper use of the boat, violating prevailing legislation by the TENANT/CLIENT, will be sufficient grounds for the immediate termination of the contract, and the payments made up to that time will remain with SAILWAY S.L with no right to refund for the tenant. In the case of violation of customs ordinances or any other administration by the client, they will be liable for all fines, sanctions, or responsibilities that may arise, as well as all their consequences. In the event of the vessel's seizure, the client will pay the lessor an amount equivalent to double the daily rental price for each day that elapses until the vessel’s restoration and delivery occurs. In the case of confiscation, the client will pay the full value of the boat within eight days. In both cases, the TENANT/CLIENT will lose any amounts paid, which will benefit SAILWAY.

APPLICABLE LAW AND JURISDICTION

The applicable law will be Spanish. The parties expressly submit themselves, for any issues 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 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, not to disclose, or use directly or indirectly any information derived from this contractual relationship.