2023 | Quicksilver 875 | 29 ft | From 830 $ / day

Quicksilver 875

Alice - Motor Yacht 

• Year: 2023
• Length: 8.7 m
• Beam: 3 m
• Draft: 0.6 m
• People: 11
• Bathrooms: 1
• Engine: 2 x 225hp
• Fuel tank: 450 l
• Fuel type: Gasoline

Quicksilver 875

Alice - Motor Yacht 

• Year: 2023
• Length: 8.7 m
• Beam: 3 m
• Draft: 0.6 m
• People: 11
• Bathrooms: 1
• Engine: 2 x 225hp
• Fuel tank: 450 l
• Fuel type: Gasoline

Mandatory Extras

• Port positioning cost (250 €)

Optional Extras

• Skipper (220 €/day)

OBJECT

The essential purpose of this contract is the rental of the boat owned by you as indicated in the Particular Conditions, ensuring it is in proper navigable condition for exclusive use of recreational and private sailing, according to the terms and conditions agreed by both 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 explicit written agreement of both parties.

Any delay in the collection of the boat by the TENANT/CLIENT due to their own responsibility will not result in an extension of the lease term.

Any 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 damages as stipulated in the Clause.

PLACE OF PICK-UP 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, fully 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 stipulated period set in this document unless expressly agreed by both parties.

Before the boat is handed over, both parties will inspect it and sign the CHECK IN (inventory). Once this is completed, the Tenant will sign the CHECK IN (inventory) thereby giving their approval. Acceptance of the boat and signing of the inventory presumes 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 specified in the Clause.

DEPOSIT

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

THE TENANT/CLIENT will deliver upon signing the contract, the amount described in the Particular Conditions as a SECURITY DEPOSIT. The 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 lease contract has concluded and after SAILWAY has verified the condition of the boat and compliance with the tenant’s obligations. This may require holding the deposit for up to a maximum of 7 days after the boat's return.

The LESSOR/SAILWAY S.L is responsible for any damage, loss, or faults incurred, both to the rented boat and any of its auxiliary elements such as the tender, as well as all items listed and checked in the document signed by both parties during “Check in-out.” Should any of the above-mentioned circumstances occur, or delays in scheduled deliveries arise, the LESSOR/SAILWAY S.L will retain and apply part of the deposit until compensating for damages or losses incurred in material terms and loss of profit. The TENANT/CLIENT will pay the total amount of the deposit according to invoices for such damages, losses, or repairs as quoted by Sailway’s suppliers and relevant labor costs.

The TENANT/CLIENT must immediately notify the LESSOR/SAILWAY S.L of any accident, incident, breakdown, or occurrence regardless of its nature. FAILURE TO INFORM IMMEDIATELY WILL RESULT IN FORFEITURE OF THE ENTIRE DEPOSIT DUE TO A SERIOUS BREACH OF CONTRACT. In the event of an accident, a written accident report must be completed detailing the causes, circumstances, and consequences of what happened, as well as if known, the names and addresses of the cause of the incident, witnesses, and victims if they exist. For the purposes of this contract, an accident is any unforeseen, spontaneous, external or violent event.

ITEMS EXCLUDED FROM RENTAL PRICE

The cost of fuel consumption and mooring in a port other than the home port of the boat are not included in the contract price and will always be at the TENANT/CLIENT’s expense.

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 refill receipt to Sailway staff upon check-out of the boat. If not refueled, the total amount 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 onboard the coverage certificate issued by the insurance company.

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

If any accident occurs that affects the rented boat, its crew, passengers, third parties, or any kind of property, the tenant must prepare a written accident report explaining the causes, circumstances, and consequences of the incident, as well as the names, surnames, and address of the responsible person, witnesses, and if any, the names and addresses of the affected parties.

USE OF THE BOAT

The boat subject to this contract will be used exclusively for recreational sailing, 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 property under the rules of good seamanship and to respect regulations set by maritime, customs, health, and tax authorities, as well as local or international police in cases where applicable. In case of violation of ordinances by the Tenant, they will be responsible for all sanctions, fines, etc.

The boat may only sail within the waters authorized for its category. Under no circumstances may the boat leave Spanish jurisdictional waters. The Tenant agrees not to transport onboard more persons than permitted by the safety certificate. Should the tenant wish to participate in a sporting event or regatta during their rental period, they must notify the LESSOR/SAILWAY S.L of this intention and pay the respective additional charge for the specific mandatory insurance to participate with the boat subject to this contract.

The TENANT/CLIENT assures that they possess the necessary knowledge and experience to perform the cruise and hold the necessary boating title for this purpose. The TENANT/CLIENT agrees not to subcontract or sublease the boat in whole or in part. The TENANT/CLIENT assures that the skipper designated in this contract possesses the knowledge and experience necessary for the safe operation of the rented boat and has the legally required title in Spain, which will be available for the relevant authorities during the term of this contract. During the duration of this contract, LESSOR/SAILWAY S.L will be exempt from any responsibility that may arise from the lack of knowledge or insufficiency of knowledge of the skipper.

LESSOR/SAILWAY S.L reserves the right to cancel this contract if the skipper does not have sufficient qualifications and competence for the safe command of the boat. LESSOR/SAILWAY S.L is not responsible for the validity or lack of validity of titles in Spanish territory, whether a Spanish or foreign nautical title. Any responsibility, incident, fine, or sanction related to such titles will be the sole responsibility of the TENANT/CLIENT.

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

Bringing weapons, illegal substances or items that may violate Spanish law is strictly prohibited.

Towing other boats is completely forbidden except in emergencies; furthermore, the rented boat will only be allowed to be towed in similar situations 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 boat moored or anchored without any person onboard in non-protected waters.

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

In case of hazardous weather reports about conditions at sea (more than force 6 on the Beaufort scale or winds exceeding 25 knots), the Tenant agrees not to leave the port they are in 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 boat. Its loss or damage will be deducted from the deposit.

RETURN OF THE BOAT

The TENANT/CLIENT will return the boat at the place and date 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. Failure to deliver in these conditions will result in the cost of filling these tanks being deducted from the deposit.

The TENANT/CLIENT must plan their cruise to ensure they return the boat within the contract period, considering any potential adverse situations that may arise. Any such situations will not excuse any delay in the return of the boat. If adverse and unpredictable weather conditions cause a delay in the return of the boat, the TENANT/CLIENT must immediately inform LESSOR/SAILWAY S.L of such circumstances.

The tenant must plan their cruise to ensure that the return of the boat takes place within the contracted timeframe, taking into account any possible adverse situations that may arise. These will not, under any circumstances, be a sufficient reason for delaying the return of the boat. If adverse and unpredictable weather situations lead to a delay in returning the boat, the tenant is obliged to inform the landlord.

Returning the boat outside the agreed times in the check-in will incur a penalty of €60 + VAT for every hour of delay in the return of the boat. This amount will be automatically deducted from the paid deposit. Bad weather cannot be claimed as a cause for delay.

Upon the return of the boat, a check will be performed by LESSOR/SAILWAY S.L on the boat, its inventory, and equipment. If any damages, losses, or damages due to misuse are found, LESSOR/SAILWAY S.L will deduct from the deposit the necessary amount to repair these damages. In the event of discrepancies between the parties regarding the conditions of returning the boat and inventory items, the deposit will be refunded at the conclusion of the dispute.

The boat must be returned to the same port from which it was delivered or as previously agreed by both parties.

To deliver it to a different port, the TENANT/CLIENT requires an explicit written authorization from SAILWAY S.L. The TENANT/CLIENT will bear all costs arising from this change of 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 double the daily rental price for each day of delay in the delivery of the boat.
• to cover all expenses arising from this delay, both for SAILWAY S.L and for its customers who have booked the boat for subsequent periods.

If after 24 hours from the end of the contract, the boat has not been returned or if there is no news about it, a search will commence, and its disappearance will be reported to the maritime authorities. The expenses incurred will be borne by the TENANT/CLIENT.

Any time spent on repairing damages to the boat or on the second repair of those that, repaired or ordered to be repaired by the tenant, have not been properly fixed will also be considered a delay in return.

DAMAGES, THEFT, ACCIDENTS AND MALFUNCTIONS

If LESSOR/SAILWAY S.L delays the delivery of the boat or is unable to deliver it due to malfunctions or for any reason outside the company’s control, a boat of similar or equal characteristics will be provided. If not possible, at the customer’s choice, an inferior category boat will be provided (with the corresponding refund of the proportional price difference of the rental) or the customer may request the termination of this contract and the refund of amounts paid up to that date without being able to use the boat.

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

If accidents occur involving third parties, 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, breakdown, or occurrence regardless of its nature. Failure to inform immediately will result in the TENANT/CLIENT losing the entire deposit due to a serious breach of contract. In events of accidents, the TENANT/CLIENT must prepare a written accident report detailing the causes, circumstances, and consequences of the event, as well as, if known; the names, surnames, and addresses of the responsible person, witnesses, and if any, the names or addresses of the affected parties. The tenant agrees to cooperate with the rental company and the Insurance Company in the investigation and defense of any claim and process.

If due to a malfunction occurring during the rental period or other causes not attributable to the tenant, continuing on the rented boat is impossible, LESSOR/SAILWAY S.L will refund the proportional amount for the days the boat was unable to be used or provide a boat of similar characteristics. Under no circumstances will this give the right to extend the rental period. The TENANT/CLIENT will not order any repairs without first indicating the malfunction to LESSOR/SAILWAY S.L, who must grant permission. The repair costs will be borne by the lessor. Breakdowns resulting from the negligence, ineptitude, or improper use of the boat by the TENANT/CLIENT will be paid for in full by them, and LESSOR/SAILWAY S.L will terminate this contract and reserve the right to claim damages and losses that such malfunction may cause. In such cases, the provisions stated in the first paragraph of this condition will not apply. The TENANT/CLIENT must take special care with the use and handling of the toilet to avoid any breakdowns or clogs. They may not dispose of toilet paper, intimate hygiene items, wipes, or any other items that could clog it. Any disregard of these rules that causes a clog of any nature in the WC during the rental period will incur a charge of €450 + VAT for damages caused to the company. If this payment is not fulfilled, the rental company/chárter SAILWAY S.L may deduct it from the deposit amount or charge it to the customer’s credit card.

The TENANT/CLIENT releases SAILWAY S.L from all responsibility for losses or damages occurring to items that are left, stored, or transported by the tenant or by anyone else onboard, whether prior to or during the term of this contract.

In the event of theft and/or unauthorized removal of the boat, the tenant is obligated to file the corresponding report with the competent authority, providing it to the rental company.

CANCELLATION AND TERMINATION

The TENANT/CLIENT may cancel this contract with cancellation fees as follows:

• If the cancellation occurs more than 30 days before the rental period starts, the TENANT/CLIENT will pay SAILWAY S.L 30% of the rental price.
• If the cancellation occurs less than 30 days before the rental period starts, the TENANT/CLIENT will pay SAILWAY S.L 100% of the rental price.

In case of negligence in the use of the boat violating applicable legislation, this will automatically terminate the contract, and any amounts paid will be retained by SAILWAY S.L.

If the documentation presented by the tenant does not authorize them to operate the boat or does not demonstrate sufficient technical competence, the contract will be deemed terminated immediately, and any amounts paid up to that date (except for the deposit which will be returned) will be deemed damages and retained by LESSOR/SAILWAY S.L.

TERMINATION AT THE LESSOR'S REQUEST

SAILWAY S.L may terminate this contract in the event that, due to reasons beyond its control, it cannot make the contracted boat available to the Tenant on the date it is scheduled for delivery. In such cases, SAILWAY S.L will refund to the TENANT/CLIENT the amount paid in advance corresponding to the total days of unused rental. In no case may the TENANT/CLIENT claim from LESSOR/SAILWAY S.L any compensation due to the unavailability of the boat subject to this contract.

ADMINISTRATIVE RETENTIONS

Negligence or improper use of the boat, violating current regulations by the TENANT/CLIENT, will be enough reason for instant termination of the contract, with all amounts paid until that moment retained by SAILWAY S.L without any right to reimbursement by the tenant. In case of contravention by the client of customs ordinances or any other administration, they will be responsible for all fines, sanctions, or liabilities that arise, along with all their consequences. In the event of seizure of the boat, the client will pay the lessor as compensation for damages a sum equivalent to double the daily rental price for each day until the restitution and delivery of the boat takes place. 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, for the benefit of SAILWAY, the amounts paid.

APPLICABLE LAW AND 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 about any information and documentation provided or accessed during the provision of the Service and agree not to disclose, nor use directly or indirectly, any information arising from this contractual relationship.