2014 | Elan E4 | 35 ft | From 480 $ / day

Elan E4

Lirain Tres - Sailboat

• Year: 2014
• Length: 10.6 m
• Beam: 3.5 m
• Draft: 2.2 m
• Engine: 1 x 28.8hp
• Fuel Tank: 90 l
• Fuel Type: Diesel

Elan E4

Lirain Tres - Sailboat

• Year: 2014
• Length: 10.6 m
• Beam: 3.5 m
• Draft: 2.2 m
• Engine: 1 x 28.8hp
• Fuel Tank: 90 l
• Fuel Type: Diesel

Mandatory Extras

• Port positioning cost (150 €)
• 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; it is a small outboard motor that will save you from having to row to shore.)
• Paddle surf (50 €) (A paddle board over 3 meters)
• Skipper (220 €/day)
• Bedding (40 €) (If you require both bedding and towels, select this extra to have both sets at a lower price.)

OBJECT

The essential object of this contract is the rental of the boat owned by you as indicated in the Particular Conditions, in proper navigable condition for exclusive use of sports navigation and private recreational use, according to the terms agreed by the parties in this contract.

LEASE PERIOD

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

A delay in the removal of the boat by the TENANT/CLIENT, due to reasons attributable to them, shall not result in an extension of the rental period.

A delay in the return of the boat by the TENANT/CLIENT to their home port entitles the LESSOR/SAILWAY S.L to withhold the deposit and seek compensation from the tenant as stipulated in the Clause.

PICK-UP AND DELIVERY LOCATION

The boat will be delivered to the TENANT/CLIENT at the port and time specified in this contract. The boat will be insured, ready to sail, equipped with all necessary gear, and with 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 reduction in the price nor extension of the prescribed period indicated in this document, unless expressly agreed upon by both parties.

Before the boat is delivered, both parties will inspect the boat and sign the CHECK IN (inventory). Once completed, the Tenant will sign the CHECK IN sheet indicating their approval. Acceptance of the boat and signing of the inventory implies that it is in good condition and that the Tenant agrees to the terms of this contract.

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

THE TENANT/CLIENT will provide at the time of signing the contract, as a DEPOSIT, the amount described in the Particular Conditions. The DEPOSIT will be secured by a VISA credit card to guarantee compliance with the obligations in this contract. This amount will be returned to the TENANT/CLIENT once the rental contract has ended and SAILWAY verifies the condition of the boat and compliance with the tenant's obligations. To do this, it may be necessary to retain the deposit for up to 7 days after the boat is returned.

The LESSOR/SAILWAY S.L is responsible for any damage, loss, or malfunction that occurs, both in the rented boat and in any of its auxiliary elements, such as the auxiliary boat, as well as everything inventory listed and verified in the document signed by both parties of "Check in-out". In case any of the aforementioned circumstances occur, or delays in the scheduled delivery, the LESSOR/SAILWAY S.L will retain and apply the deposit until compensation for any material damages or losses is made. The TENANT/CLIENT will pay the total amount of the deposit according to the invoices for said damages, losses caused, or repairs according to Sailway's providers and corresponding labor costs.

The TENANT/CLIENT must immediately notify the LESSOR/SAILWAY S.L of any accident, incident, malfunction, or issue regardless of its nature. FAILURE TO NOTIFY IMMEDIATELY WILL RESULT IN THE CLIENT LOOSING THE ENTIRE DEPOSIT DUE TO A SERIOUS BREACH OF THE CONTRACT. In case of an accident, an accident report must be formally documented, indicating 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 witnesses, as well as the names and addresses of any affected parties, if applicable. An accident, for the purposes of this contract, is any random, spontaneous, external, or violent event.

CONCEPTS EXCLUDED FROM THE RENTAL PRICE

The rental price does not include fuel consumption or stays at ports other than the boat's home port, which will always be borne by the TENANT/CLIENT.

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

INSURANCE

The boat subject to this contract is covered by an accident and liability insurance policy. The boat has the coverage certificate on board 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 any damages, loss, or harm, to materials or humans, that occur during the use of the boat, up to a maximum of 2,500€ for sailboats and 1,500€ for motorboats.

If any accident occurs affecting the rented boat, its crew, passengers, third parties, or any goods, the tenant must formalize a written accident report, informing the LESSOR/SAILWAY S.L of the causes, circumstances, and consequences of the event, as well as the names, surnames, and addresses of those responsible, witnesses, and affected parties, if applicable.

USE OF THE BOAT

The boat subject to this contract is to be used exclusively for recreational navigation and cannot be used for commercial, profit-making, or illegal activities.

The TENANT/CLIENT agrees to use the rented boat as if it were their property, according to the best navigator rules, and to respect the regulations established by maritime, customs, sanitary, and tax authorities, as well as national or foreign police when applicable. In case of violation of regulations by the Tenant, they will be responsible for all penalties, fines, etc.

The boat must navigate only within the waters authorized for its category. Under no circumstances may the boat leave Spanish jurisdictional waters. The Tenant agrees not to transport more persons on board than allowed according to the safety certificate. If the tenant wishes to participate in a sports competition or regatta during the rental period, it is mandatory to notify the LESSOR/SAILWAY S.L of this intention and pay the corresponding fee for the specific required insurance to participate with the boat subject to this contract.

The TENANT/CLIENT ensures that they have the necessary knowledge and experience for the cruise and that they possess the requisite nautical certification for this purpose. The TENANT/CLIENT agrees not to subcontract or sublet the boat, either entirely or partially. The TENANT/CLIENT ensures that the captain designated in this contract has the knowledge and experience necessary to operate the rented boat safely, legally required certification in Spain, and that it will be available during this contract for the relevant authorities. During the term of this contract, the LESSOR/SAILWAY S.L is exempt from all types of responsibility that may arise from a lack or insufficiency of knowledge of the captain.

LESSOR/SAILWAY S.L reserves the right to cancel this contract if the captain does not have sufficient skills and competence for the safe operation of the boat. LESSOR/SAILWAY S.L is not responsible for the validity of the certification within Spanish territory, whether it is a Spanish or foreign nautical title. All responsibility, incidents, fines, or sanction resulting from such certifications will be solely the responsibility of the TENANT/CLIENT.

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

Bringing weapons, drugs, and products that may contravene Spanish legislation is strictly prohibited.

Towing other boats is completely prohibited except in case of emergency; similarly, the rented boat may only be towed under the same circumstances and always with appropriate lines to avoid high salvage costs. The TENANT/CLIENT will not accept agreements or incur responsibilities without authorization from LESSOR/SAILWAY S.L.

The TENANT/CLIENT agrees not to leave the boat tied up or anchored without any person on board in an open harbor or unprotected waters.

The TENANT/CLIENT will be responsible for any harm or damages caused to the rented boat during the rental period and for the loss or misplacement of any of its elements or accessories, including the paddleboard, outboard motor, or auxiliary boat.

In case of dangerous weather forecasts regarding the weather or sea (greater than force 6 Beaufort or from 25 knots of wind), 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 theft or loss of the auxiliary boat. Its loss or damage will be deducted from the deposit.

RETURNING THE BOAT

The TENANT/CLIENT will deliver the boat on the date and at the location indicated in the Particular Conditions of this contract, in the same condition in which it was received, with full fuel and water tanks and with equipment and supplies organized and properly stowed. If not returned in these conditions, the cost of refilling the tanks will be deducted from the deposit.

The TENANT/CLIENT must plan the cruise to ensure the return of the boat within the contracted timeframe, considering potential adverse situations that may arise. If, due to sudden unforeseen bad weather, the return of the boat is delayed, the TENANT/CLIENT is obligated to inform the LESSOR/SAILWAY S.L of such events immediately.

The tenant must plan the cruise to ensure the return of the boat within the contracted timeframe, taking into account the possible adverse situations that may arise. These will not, under any circumstances, be sufficient reason for delaying the return of the boat. If, due to sudden unforeseen bad weather, the return of the boat is delayed, the tenant is obligated to notify the lessor.

Delivering the boat outside the agreed deadlines in the check-in will incur a penalty of 60€ + VAT for every hour of delay in the boat's delivery. This amount will be automatically deducted from the deposit. Bad weather cannot be invoked as a reason for delay.

Upon returning the boat, there will be an inspection of the boat, as well as its inventory and equipment by LESSOR/SAILWAY S.L. If any damages to the boat or losses or breakages of its equipment occur due to improper use, LESSOR/SAILWAY S.L will deduct from the deposit the necessary amount to repair such damages. If there are disputes between the parties regarding the return conditions of the boat and inventory items, the deposit will be refunded at the time the dispute is resolved.

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

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

DELAYS IN RETURN

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

• To pay SAILWAY S.L twice the daily rental rate for each day of delay in returning the boat.
• To bear all expenses arising from this delay, both for SAILWAY S.L and for their clients who have contracted the boat for the following periods.

If 24 hours have passed since the contract ended, and the boat has not been returned nor is there any news regarding it, a search will be initiated, and its disappearance will be reported to the maritime authorities. All related costs will be incurred by the TENANT/CLIENT.

The time spent on repairing damages to the boat or the second repair of those that, repaired or sent for repair by the tenant, have not been correctly repaired will also be considered a delay in returning the boat.

DAMAGES, THEFT, ACCIDENTS, AND MALFUNCTIONS.

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

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

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

The TENANT/CLIENT must immediately notify LESSOR/SAILWAY S.L of any accident, incident, malfunction, or issue regardless of its nature. If such information is not provided immediately, the TENANT/CLIENT will lose the entire deposit due to a serious breach of contract. In 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 person responsible for the incident and the witnesses, as well as the names or addresses of the affected parties, if applicable. The tenant agrees to cooperate with the leasing company and with the Insurance Company in the investigation and defense of any claims and processes.

If, due to a breakdown during the rental or other causes not attributable to the tenant, it is not possible to continue using the rented boat, LESSOR/SAILWAY S.L will refund the proportional amount for the days during which it was not possible to use the boat or will facilitate a boat with similar characteristics. Under no circumstances will this give the right to an extension of the rental period. The TENANT/CLIENT will not order any repairs without prior notification of the breakdown to LESSOR/SAILWAY S.L, who must grant permission. Repair costs will be borne by the lessor. Damage resulting from negligence, incompetence, or poor use of the boat by the TENANT/CLIENT will be paid in full by them, and LESSOR/SAILWAY S.L will consider this contract resolved and reserve the right to claim any damages and losses caused by the breakdown. In this case, the provisions of the first paragraph of this condition will not apply. The TENANT/CLIENT must be especially careful with the use and handling of the toilet to avoid any malfunction or clogging. It is prohibited to throw toilet paper, intimate hygiene items, wipes, or any other items that may clog the toilet. Any disregard of these rules that results in a clogging of any nature in the toilet during the rental period will require the client to pay an amount of 450€ + VAT for 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 responsibility for losses or damages that occur to objects left, stored, or transported by the tenant or by any other person on board, within or outside the boat subject to contract, whether prior or during the validity of this contract.

In case of theft and/or removal of the boat, the tenant is obliged to file the corresponding report with the competent authority and provide it to the leasing company.

CANCELLATION AND TERMINATION

The TENANT/CLIENT may proceed to cancel this contract, with the cancellation costs 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 boat violating current legislation, it will automatically terminate the contract, with any amounts paid in favor of SAILWAY S.L.

If the documentation presented by the tenant does not qualify them to operate the boat or does not demonstrate sufficient technical competence, the contract will be terminated immediately, with amounts paid until that date (except the deposit which will be refunded) being considered as damages and losses held by LESSOR/SAILWAY S.L.

TERMINATION AT THE LESSOR’S REQUEST

SAILWAY S.L may terminate this contract in the event that, for reasons beyond its control, it cannot make the contracted boat available to the Tenant on the date it is supposed to be delivered. In such case, SAILWAY S.L will refund the TENANT/CLIENT the amount paid corresponding to the total number of rental days not enjoyed. Under no circumstances can the TENANT/CLIENT claim compensation from LESSOR/SAILWAY S.L for the unavailability of the boat subject to this contract.

ADMINISTRATIVE HOLDINGS

Negligence or improper use of the boat, violating the current legislation by the TENANT/CLIENT will be sufficient reason for the instant termination of the contract, leaving the amounts paid until that moment in the possession of SAILWAY S.L without right to reimbursement by the tenant. In case of infringement by the client of customs ordinances or any other Administration, they will be liable for all fines, penalties, or responsibilities that may occur, as well as their consequences. In case of capture of the boat, the client will pay the lessor a compensation amounting to double the daily rental price for each day that elapses until the boat is restored 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, to the benefit of SAILWAY, the amounts paid.

APPLICABLE LAW AND COMPETENT JURISDICTION

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

CONFIDENTIALITY AND DATA PROTECTION

The parties are obliged to maintain absolute confidentiality about the information and documentation provided or accessed during the service provision, and not to disclose or use directly or indirectly information derived from this contractual relationship.