2007 | Elan 37 | 37 ft | From 560 $ / day

Elan 37

Sailway Cuatro - Sailboat

• Year: 2007
• Length: 11.3 m
• Beam: 3.7 m
• Draft: 2.1 m
• Engine: 1 x 27.2hp
• Fuel tank: 44 l
• Fuel type: Diesel

Elan 37

Sailway Cuatro - Sailboat

• Year: 2007
• Length: 11.3 m
• Beam: 3.7 m
• Draft: 2.1 m
• Engine: 1 x 27.2hp
• Fuel tank: 44 l
• Fuel type: Diesel

Mandatory Extras

• Harbor positioning fee (250 €)
• Final cleaning (90 €)

Optional Extras

• Skipper (220 €/day)

OBJECT

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

LEASE PERIOD

The TENANT/CLIENT rents the referenced boat for the maximum duration specified in the Specific Conditions. This period may be extended by the explicit written consent of both parties.

A delay in removing the boat by the TENANT/CLIENT, for reasons attributable to them, will not imply an extension of the lease term.

A delay in returning the boat by the TENANT/CLIENT to its home port will entitle the LESSOR/SAILWAY S.L to retain the deposit and claim against the first one as stipulated in the Clause.

PLACE OF PICKUP AND DELIVERY

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

If adverse weather conditions force the TENANT/CLIENT to delay their initial or successive departures, there will be no price reduction or extension of the established timeframe, unless expressly agreed by both parties.

Before the boat's delivery, both parties will inspect the boat and sign the CHECK IN (inventory). Once completed, the Tenant will sign the CHECK IN (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 agrees to the conditions of this contract.

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

DEPOSIT

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

THE TENANT/CLIENT will provide at the time of signing the contract, as a DEPOSIT, the amount described in the Specific Conditions. The DEPOSIT will be charged to a VISA credit card to guarantee compliance with the obligations contained in this contract. This amount will be refunded to the TENANT/CLIENT when the rental contract ends and it has been verified by SAILWAY that the boat is in good condition and that the Tenant has fulfilled their obligations. To do this, it may be necessary to retain the deposit for up to 7 days after the boat's return.

The LESSOR/SAILWAY S.L is liable for any damage, loss, or breakdown occurring on the rented boat or any of its auxiliary elements, such as the tender, as well as all items listed and verified in the "Check in-out" documentation signed by both parties. In the event of any of the aforementioned circumstances or delays in the scheduled delivery, the LESSOR/SAILWAY S.L will retain and apply the deposit to compensate for any material damage or loss of earnings incurred. The TENANT/CLIENT will pay the full deposit amount according to invoices for such damages, losses incurred, or repair fees as determined by Sailway and relevant labor costs.

The TENANT/CLIENT must immediately notify the LESSOR/SAILWAY S.L of any accident, incident, damage, or occurrence regardless of its nature. FAILURE TO NOTIFY IMMEDIATELY WILL RESULT IN THE CLIENT LOSING THE ENTIRE DEPOSIT DUE TO A VERY SERIOUS CONTRACT VIOLATION. In the event of an accident, a written report must be filed detailing the causes, circumstances, and consequences of the events, as well as the name, surname, and address of the person responsible and witnesses, and also the names and addresses of any affected parties if applicable. For the purposes of this contract, an accident is defined as any fortuitous, spontaneous, external, or violent event.

CONCEPTS EXCLUDED FROM THE RENTAL PRICE

The rental price does not include fuel consumption or stays in any ports other than the base port of the boat, which will always be at the TENANT/CLIENT's expense.

FUEL

The TENANT/CLIENT must return the boat to LESSOR/SAILWAY S.L with a full fuel tank and is required to hand over the refueling receipt to Sailway staff at the time of the boat's check-out. If not refueled, the total consumed plus a penalty of 50€ + VAT for breach of contract will be deducted from their deposit.

INSURANCE

The boat covered by this contract is insured under an accident and liability insurance policy. The boat has a coverage certificate onboard issued by the insurance company.

The client acknowledges having read the insurance terms and agrees to the contracted coverage, committing to comply with said terms and obligations. The client will be responsible for any damage, loss, or injury that occurs during boat use, up to a maximum deposit of 2,500€ for sailing boats and 1,500€ for motorboats.

In the event of an accident affecting the rented boat, its crew, passengers, third parties, or any type of property, the tenant must file a written accident report with LESSOR/SAILWAY S.L detailing the causes, circumstances, and consequences of the events, as well as the names, surnames, and addresses of the responsible party, witnesses, and any affected individuals if applicable.

USE OF THE BOAT

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

The TENANT/CLIENT agrees to use the rented boat as if it were their own, following the rules of good seamanship, and to respect the regulations set forth by maritime, customs, health, and taxation authorities, as well as any local or foreign police when applicable. In the event of violation of the regulations by the Tenant, they will assume responsibility for any fines, penalties, etc.

The boat may only navigate within authorized waters for its category. Under no circumstances may the boat exit Spanish jurisdictional waters. The Tenant agrees not to transport more people onboard than allowed according to the safety certificate. If the tenant wishes to participate in a sporting event or regatta during the rental period, they must notify LESSOR/SAILWAY S.L of this intention and pay a surcharge for the specific insurance required to participate with the boat covered by this contract.

The TENANT/CLIENT assures that they possess the necessary knowledge and experience for the cruise and have the appropriate nautical license. The TENANT/CLIENT is obligated not to subcontract or sublease the boat, either in whole or in part. The TENANT/CLIENT assures that the designated skipper in this contract has the knowledge and experience necessary for the safe operation of the rented boat, possesses the legally required license in Spain, and will have it available for relevant authorities during the duration of this contract. During this contract's validity, LESSOR/SAILWAY S.L is exempt from any liability that may arise from the lack or insufficiency of knowledge of the skipper.

LESSOR/SAILWAY S.L reserves the right to cancel this contract if the skipper does not possess sufficient training or competence to safely govern the boat. 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. All responsibility, incidents, fines, or penalties arising from such licensing shall be the total responsibility of the TENANT/CLIENT.

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

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

Towing of other vessels is completely prohibited unless in cases of urgency, and only the rented boat may be towed under the same circumstances and always using 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 boat moored or anchored without anyone onboard, in open waters or unprotected areas.

The TENANT/CLIENT will be responsible for any harm or damage that occurs to the rented boat during the rental period and for the loss or theft of any of its elements or accessories, including the stand-up paddleboard, electric motor, or tender.

In case of dangerous weather warnings about the weather or sea (greater than force 6 Beaufort or starting from 25 knots of wind), the Tenant is obliged not to leave the port they are in or to go to the nearest safe port or mooring to their position.

LESSOR/SAILWAY S.L is not responsible for the theft or loss of the auxiliary boat. Its loss or damage will be deducted from the deposit.

RETURN OF THE BOAT

The TENANT/CLIENT will return the boat at the location and date indicated in the Specific Conditions of this contract, in the same condition in which it was received, with full fuel and water tanks and equipment and supplies ordered and properly stowed. If not delivered 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 boat within the contracted period, taking into account possible adverse situations that may arise. Any abrupt and unforeseen severe weather conditions delaying the boat's return obligate the TENANT/CLIENT to immediately inform LESSOR/SAILWAY S.L of such events.

The tenant must plan the cruise for the boat's return within the contracted period, taking into account possible adverse situations that may occur. These will in no case serve as a sufficient reason for delaying the boat's return. If abrupt and unforeseen severe weather conditions delay the boat's return, the tenant is obligated to inform the lessor.

Delivering the boat outside the times agreed in the check-in will incur a penalty of 60€ + VAT for every hour of delay in delivering the boat. This amount will be automatically deducted from the deposited deposit. Bad weather may not be invoked as a cause for delay.

Upon returning the boat, an inspection of it and its inventory and equipment will be carried out by LESSOR/SAILWAY S.L. If damage is found on the boat or loss or breakage of its equipment due to misuse, LESSOR/SAILWAY S.L will deduct the necessary amount from the deposit to repair such damage. In case of discrepancies between the parties regarding the return conditions of the boat and inventoried items, the deposit will be refunded at the resolution of the dispute.

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

To deliver it at a different port, the TENANT/CLIENT needs explicit written permission from SAILWAY S.L. The TENANT/CLIENT will bear all expenses arising from this change in the return location.

DELAYS IN RETURN

In the event of a delay in returning the boat, the TENANT/CLIENT shall be obliged:

• to pay SAILWAY S.L double the daily rental rate for each day of delay in delivering the boat.
• to cover all expenses arising from this delay, both for SAILWAY S.L and for its clients who have contracted the boat for subsequent periods.

If after 24 hours from the end of the contract, the boat has not been returned nor any updates obtained, a search will be initiated, informing its disappearance to marine authorities. Any expenses arising from this shall be at the TENANT/CLIENT's expense.

Time spent repairing damage on the boat or the second repair of those items that have been repaired or sent for repair by the tenant but have not been properly fixed will also be considered as a delay in returning the boat.

DAMAGE, THEFT, ACCIDENTS, AND BREAKDOWNS

If LESSOR/SAILWAY S.L is delayed in delivering the boat or cannot deliver it due to breakdowns or any cause beyond the company's control, a boat of equal or similar characteristics will be provided. Should this not be possible, and at the client's choice, a lower category vessel will be provided (with the corresponding proportional refund of the rental price difference), or the client may request the cancellation of this contract and the refund of the amount paid until that date, without being able to use the boat.

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

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

The TENANT/CLIENT must immediately notify LESSOR/SAILWAY S.L of any accident, incident, damage, or occurrence regardless of its nature. Failure to notify 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 report, detailing the causes, circumstances, and consequences of the incident, as well as, if known, name, surname, and address of the person responsible, witnesses, and also the names or addresses of any affected parties if applicable. The tenant agrees to cooperate with the renting 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 tenant, it is not possible to continue in the rented boat, LESSOR/SAILWAY S.L will reimburse the proportional amount for the days in which the use of the boat was not possible or will provide a boat with similar characteristics. Under no circumstances will this grant the right to extend the rental period. The TENANT/CLIENT will not order any repairs without first notifying the LESSOR/SAILWAY S.L, who must grant permission. The repair costs will be the responsibility of the lessor. Breakdowns resulting from negligence, incompetence, or poor use of the boat 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 any damages caused by the breakdown. In this case, the provisions of the first paragraph of this condition will not apply. The TENANT/CLIENT must take special care in using and handling the toilet to avoid any breakdowns or blockages. No toilet paper, intimate hygiene products, wipes, or any other items that may cause a blockage may be disposed of therein. Any breach of these rules causing a blockage of any kind in the WC during the rental period, the client will be charged 450€ + VAT for the damages caused to the company. In case of failure to make this payment, the chartering company SAILWAY S.L may deduct it from the deposited amount or charge it to the client's credit card.

The TENANT/CLIENT releases SAILWAY S.L the lessor from any responsibility for losses or damages that occur to items left, stored, or transported by the tenant or by any other person onboard, inside or outside the boat covered by the contract, whether prior to or during the period of this contract.

In case of theft and/or removal of the boat, the tenant is obliged to file a report of the incident with the competent authority, delivering the same to the renting company.

CANCELLATION AND TERMINATION

The TENANT/CLIENT may proceed with the cancellation of this contract with the cancellation costs as follows:

• If the cancellation occurs more than 30 days before the rental period begins, 30% of the rental price will be paid to SAILWAY S.L.
• If the cancellation occurs less than 30 days before the rental period begins, 100% of the rental price will be paid to SAILWAY S.L.

In case of negligence in the use of the boat violating current legislation, it will be grounds for automatic termination of the contract, with the amounts paid favoring SAILWAY S.L.

If the documentation provided by the tenant does not qualify them to operate the boat or does not demonstrate the necessary technical competence, the contract will be considered terminated immediately, with the amounts paid to date (except for the deposit, which will be returned) being retained by LESSOR/SAILWAY S.L as damages.

TERMINATION AT THE REQUEST OF THE LESSOR

SAILWAY S.L may terminate this contract if, for reasons beyond its control, it cannot provide the contracted boat to the Tenant on the date it is to be delivered. In this case, SAILWAY S.L will refund the TENANT/CLIENT the amount delivered according to the total number of unused rental days. The TENANT/CLIENT may not claim any compensation from LESSOR/SAILWAY S.L for the unavailability of the boat subject to this contract.

ADMINISTRATIVE RETENTIONS

Negligence or misuse of the boat, infringing current legislation by the TENANT/CLIENT, will be grounds for immediate termination of the contract, with all amounts paid until that moment retained by SAILWAY S.L without the right to reimbursement by the tenant. In case of violation by the client of customs regulations or any other Administration, they will be responsible for all fines, penalties, or liabilities incurred, as well as all consequences thereof. If the boat is captured, the client will pay the lessor compensation for damages equivalent to double the daily rental rate for each day until the boat is restituted and delivered. 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 delivered in favor of SAILWAY.

APPLICABLE LAW AND COMPETENT JURISDICTION

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

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 directly or indirectly use the information derived from this contractual relationship.