2023 | Nuva 6 M Open | 20 ft | From 360 $ / day

Nuva 6 M Open

Sumba - Motor yacht 

• Year: 2023
• Length: 6.0 m
• Beam: 2.5 m
• Draft: 1.3 m
• Engine: 1 x 152.1hp
• Fuel tank: 120 l
• Type of fuel: Gasoline

Nuva 6 M Open

Sumba - Motor yacht 

• Year: 2023
• Length: 6.0 m
• Beam: 2.5 m
• Draft: 1.3 m
• Engine: 1 x 152.1hp
• Fuel tank: 120 l
• Type of fuel: Gasoline

Mandatory Extras

• Delivery / Pickup (35 €)
• Final Cleaning (90 €)

Optional Extras

• Paddle surf (50 €) (A paddle over 3 meters)
• Skipper (220 €/day)

OBJECT

The essential object of this contract is the rental of the vessel owned by you, as indicated in the Particular Conditions, in proper navigability conditions intended exclusively for sports and private recreational navigation, according to the terms and conditions agreed upon by the parties in this contract.

LEASE PERIOD

The TENANT/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.

The delay in the removal of the vessel by the TENANT/CLIENT, due to circumstances attributable to them, shall not imply an extension of the lease term.

Failure to return the vessel by the TENANT/CLIENT at the home port will grant the LESSOR/SAILWAY S.L the right to retain the deposit and to claim from the first party as stipulated in this 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, equipped, and with full water, fuel, and gas tanks.

If adverse weather conditions force the TENANT/CLIENT to delay their initial or subsequent departure, there will be no price reduction or extension of the planned duration set forth in this document, unless expressly agreed upon 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, thus giving their approval. Acceptance of the vessel and signing of the inventory presupposes that it 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 time specified in the Particular Conditions of this contract and as described in the Clause.

DEPOSIT

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

THE TENANT/CLIENT shall provide at the time of signing the contract the amount described in the Particular Conditions as a DEPOSIT. The DEPOSIT will be made via a VISA credit card to guarantee compliance with the obligations contained in this contract. This amount will be refunded to the TENANT/CLIENT when this rental contract is concluded and the condition of the vessel, as well as compliance with the tenant's obligations, has been verified by SAILWAY. For this purpose, it may be necessary to retain the deposit for up to 7 days after the vessel's return.

LESSOR/SAILWAY S.L is responsible for any disadvantage, damage, loss, or breakdown occurring in the rented vessel or any of its auxiliary elements, such as the auxiliary vessel, as well as everything inventoried and verified in the document signed by both parties during "Check in-out." In the event of any of the above circumstances, or delay in the scheduled delivery, LESSOR/SAILWAY S.L shall retain and incur expenses from the deposit until compensating for the damages or losses caused, both material and loss of profit. The TENANT/CLIENT shall pay the total amount of the deposit as per the invoices for such damages, losses, or repairs based on Sailway providers' services and associated labor.

The TENANT/CLIENT must immediately notify LESSOR/SAILWAY S.L of any accident, mishap, breakdown, or incident, regardless of its nature. IF NOT REPORTED IMMEDIATELY, THE CLIENT WILL FORFEIT THE ENTIRE DEPOSIT DUE TO A SERIOUS BREACH OF THE CONTRACT. In the event of an accident, a written accident report must be drawn up, detailing the causes, circumstances, and consequences of the incident, including the names, surnames, and addresses of the perpetrator and witnesses, as well as the names and addresses of the injured parties if applicable. An accident, for the purposes of this contract, shall be deemed to be any fortuitous, spontaneous, external or violent event.

EXCLUDED FROM RENTAL PRICE

The rental contract price does not include fuel consumption or stays at ports other than the vessel's home port, 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 fuel station receipt to the Sailway staff at the time of checkout. If the vessel is not refueled, the total consumed plus a penalty of €50 + VAT for breach of contract will be deducted from the deposit.

INSURANCE

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

The client acknowledges having read the insurance conditions and being in agreement with the contracted coverages, committing to comply with these terms and obligations. The client will be responsible for paying for any damages, loss, material or human damages that occur during the vessel's use, 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 create a written accident report communicating to LESSOR/SAILWAY S.L the causes, circumstances, and consequences of the incident, as well as the names, surnames, and addresses of the perpetrator, witnesses, and the victims if any.

USE OF THE VESSEL

The vessel under this contract will be used exclusively for recreational navigation and may not be used for commercial, profitable, or illegal operations.

The TENANT/CLIENT agrees to use the rented vessel as if it were their own, adhering to the standards of good navigation, and to comply with the regulations established by maritime, customs, health, and tax authorities, as well as national or foreign police when applicable. In case of infraction by the Tenant, the Tenant is responsible for all penalties, 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 transport more persons on board than permitted as per the safety certificate. Should the tenant wish to participate in a sporting competition or regatta during their rental period, they must notify LESSOR/SAILWAY S.L about this intention and pay the additional cost for the specific insurance required to participate with the vessel subject to this contract.

The TENANT/CLIENT assures they possess the knowledge and experience necessary for the cruise and hold the necessary nautical license for this purpose. The TENANT/CLIENT agrees not to subcontract or sublet the vessel in whole or in part. The TENANT/CLIENT assures that the designated crew in this contract possesses the necessary knowledge and experience to operate the rented vessel, being holder of the legally required title in Spain and will have it available to the pertinent authorities during the duration of this contract. During the 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 captain does not possess sufficient expertise and competence to safely govern the vessel. LESSOR/SAILWAY S.L is not responsible for the validity of the certification in Spanish territory, whether it is a Spanish or foreign nautical title. Any liability, incident, fine, or sanction arising from such certification 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, narcotics, and products that may contravene Spanish legislation is strictly prohibited.

It is strictly forbidden to tow other vessels, except in emergencies; similarly, the rented vessel may only be towed in such cases and always with its own lines to avoid high salvage costs. The TENANT/CLIENT will not accept agreements or assume responsibilities without authorization from LESSOR/SAILWAY S.L.

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

The TENANT/CLIENT will be responsible for any damage or harm caused to the rented vessel during the rental period and for the loss or misplacement of any of its elements or accessories, including paddle boards, electric motors, or auxiliary vessels.

In the event of dangerous weather reports about the weather or sea (greater than force 6 Beaufort or wind of 25 knots or more), the Tenant agrees not to leave the port they are in or to go to the closest safe port or anchorage according to their position.

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 return the vessel at the place and date indicated in the Particular Conditions of this contract, in the same condition it was received, with full fuel and water tanks, and with equipment and supplies orderly and properly stowed. Failure to return in these conditions will result in the deduction from the deposit of the cost to refill said tanks.

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

The tenant must plan their cruise to ensure the return of the vessel within the contracted timeframe, factoring in any potential adverse situations. These will not be reason enough for delaying the return. If severe and unpredictable weather delays the return of the vessel, the tenant is obligated to notify the lessor.

Returning the vessel past the agreed deadlines in the check-in will incur a penalty of €60 + VAT for each hour of delay. Amount that will be automatically deducted from the deposit. Bad weather cannot be invoked as a reason for delay.

Upon returning the vessel, an inspection will be conducted, as well as reviewing its inventory and equipment by LESSOR/SAILWAY S.L. If any damage is found in the vessel or losses or breakages of its 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 regarding the conditions of vessel return and inventory items, 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 previously agreed between 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 incurred due to this change of delivery location.

DELAYS IN RETURN

In the event of a delay in the return of the vessel, the TENANT/CLIENT will be obligated:

• to pay SAILWAY S.L double the daily rental fee for each day of delay in delivering the vessel.
• to cover all costs arising from this delay for both SAILWAY S.L and their subsequent clients who have the vessel booked for upcoming periods.

Should 24 hours pass after the contract's expiration, and the vessel has not been returned nor any news about it is forthcoming, a search will be initiated, and its disappearance will be reported to maritime authorities. Any resulting expenses will be borne by the TENANT/CLIENT.

The time spent repairing damages to the vessel or the second repair of those which, repaired or sent for repair by the tenant, were not properly fixed will also be considered a delay in return.

DAMAGES, THEFTS, ACCIDENTS AND BREAKDOWNS

If LESSOR/SAILWAY S.L delays in delivering the vessel or cannot provide it due to breakdowns or any other cause beyond the company's control, a vessel of equal or similar characteristics will be provided. In case this is not possible and at the client's discretion, a vessel of a lower category (with a corresponding proportional refund of the rental price difference) will be provided, or the client may request the termination of this contract and the return of the amounts paid up to that date, with no right to use the vessel.

If during the rental period, any breakdowns, damage, defects, or loss of material occurs in the rented vessel, the tenant is obliged to notify LESSOR/SAILWAY S.L immediately, which will give appropriate instructions on how to proceed.

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

The TENANT/CLIENT must immediately notify LESSOR/SAILWAY S.L of any accident, mishap, breakdown, or incident, regardless of its nature. If not reported immediately, the TENANT/CLIENT will lose the entire deposit due to a serious breach of the contract. In case of accidents, the TENANT/CLIENT must provide 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 perpetrator and witnesses, along with the names or addresses of the injured parties if applicable. The tenant agrees to cooperate with the leasing company and the Insurance Company in investigating and defending any claims and processes.

If due to a breakdown during the rental or other reasons not attributable to the tenant, continuing on the rented vessel is not possible, LESSOR/SAILWAY S.L will refund the proportional amount for the days when the vessel could not be used or provide a vessel 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 breakdown to LESSOR/SAILWAY S.L, who must give permission. The costs of repair will be borne by the lessor. Repairs resulting from negligence, incompetence, or misuse of the vessel by the TENANT/CLIENT will be paid by them in full, and LESSOR/SAILWAY S.L will resolve this contract, reserving the right to claim damages caused by the breakdown. In such cases, the provisions of the first paragraph of this condition will not apply. The TENANT/CLIENT must take special care when using and operating the toilet to avoid any breakdown or blockage. It is prohibited to flush toilet paper, personal hygiene items, wipes, or any other elements that could cause a blockage. Any non-compliance with these rules that causes any blockage in the WC during the rental period will require the client to pay €450 + VAT for damages to the company. If this payment is not made, the rental/charter company SAILWAY S.L may deduct it from the deposit or charge it to the client's credit card.

The TENANT/CLIENT releases SAILWAY S.L, the lessor, from all liability for losses or damages occurring to items left, stored, or transported by the tenant or by any other person on board, within or upon the vessel subject to the contract, whether before or during the duration of this agreement.

In case of theft and/or removal of the vessel, the tenant is obliged to file a corresponding complaint about 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 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 event of negligence in using the vessel in violation of current legislation, this will lead to the automatic termination of the contract, with amounts paid in favor of SAILWAY S.L retained.

If the documentation presented by the tenant does not qualify them to operate the vessel or does not provide sufficient and necessary technical competence, the contract will be considered resolved immediately, with amounts paid up to that point (except the deposit, which will be refunded) being considered as damages and 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 on the date of its delivery. In such case, SAILWAY S.L will refund the TENANT/CLIENT the amount paid corresponding to the total days of rental not enjoyed. Under no circumstances may the TENANT/CLIENT claim compensation from LESSOR/SAILWAY S.L for the unavailability of the vessel subject to this contract.

ADMINISTRATIVE RETENTIONS

Negligence or improper use of the vessel, in violation of applicable legislation by the TENANT/CLIENT, will be sufficient cause for the immediate termination of the contract, with amounts paid up until that point retained by SAILWAY S.L without the right to reimbursement by the tenant. In case of violations of customs regulations or any other administration by the client, they will be responsible for all fines, penalties, or liabilities incurred, as well as all consequences arising. In case of seizure of the vessel, the client will pay the lessor as compensation for damages and losses a sum equivalent to double the daily rental price for each day until restitution and delivery of the vessel occurs. In case of confiscation, the client will pay the full value of the vessel within eight days. In both cases, the TENANT/CLIENT will lose, for the benefit of SAILWAY, the amounts previously paid.

APPLICABLE LAW AND COMPETENT 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 and tribunals of Vigo, expressly waiving any other jurisdiction that may correspond to them under Spanish legislation.

CONFIDENTIALITY AND DATA PROTECTION

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