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1 Condition precedent
The validity of this contract is subject, as a suspensive condition, to the payment, by the lessee, of the amount of the reservation stipulated in the following general condition, and therefore the reservations will not be effective until the aforementioned payment is made.

2 Payments and deposits
Rental Price
The charter price includes VAT, insurance, skipper’s fee and final cleaning. The charter price does NOT INCLUDED FUEL.
Payments
Only cash, bank transfer and credit card Visa or MasterCard, or with the virtual POS secure payment of our website www.seahorse-experiences.com will be accepted as a form of payment as described in the general conditions of this contract, after the booking has been accepted by the lessor and lessee.
Outstanding accounts will be settled with the skipper on board in cash before disembarkation.
Deposit
On the day of embarkation, the hirer shall provide to the lessor with a deposit of 2000€, with which he shall be liable for cancellations, breakdowns, breakages, damage, theft, differences in the inventory and equipment, compensation, misuse, negligence and penalties of any kind agreed in this contract or which may arise as a result of breach of this contract by the hirer or any of the passengers. It shall also be liable for damages of any kind that may be caused to third parties as well as for the amounts of the penalties and fines that may be imposed on the lessee or any of the passengers during the charter service. All of the above without prejudice to any legal action that may be appropriate to claim any amounts that exceed the amount of the deposit. Once the disembarkation has been carried out in accordance and the lessee has fulfilled all the duties arising as a consequence of what has been agreed in this contract, the deposit will be automatically cancelled by the corresponding bank in each case. In the event of disagreement between the parties on the conditions at the time of disembarkation of the vessel and inventoried goods, the deposit shall be returned at the time of termination of the dispute.

3 Insurance
During the term of this contract, the shipowner shall insure the vessel with first class insurers against all risks usual for a vessel of its type. The lessee shall be liable for any loss, damage or liabilities against third parties caused by any act or neglect of the lessee or his companions, insofar as they are not covered by the said insurance.
It is strongly recommended that the Hirer consider obtaining personal travel insurance, cancellation insurance, liability insurance and medical insurance for the Hirer and passengers.

4 Conditions of use
The hirer is responsible for the compliance of his accompanying persons with the applicable laws and regulations during the term of this contract. The hirer is liable for all acts of the persons indicated in the passenger list.
The hirer and his accompanying persons shall behave in a proper manner, without causing a nuisance to any person and without damaging the reputation of the vessel or the shipowner. They shall treat all crew members (if any) with respect at all times. No crew member shall be subjected to any form of harassment, sexual or otherwise, by the Hirer and/or his companions.
Under no circumstances may the Hirer or other passengers carry out any activity on board which is annoying, unhealthy or contrary to the law or public order.
The lessee shall not allow the maximum number of persons on board to be exceeded during navigation or while the vessel is safely moored in port or at anchor.
By signing this contract, the lessee guarantees the good physical condition of all members of the lessee’s party.
In the event of children on board, the lessee is solely responsible for their conduct and entertainment. Children must be under the direct supervision of an adult member of the lessee’s party at all times. Children over 1 year of age shall be considered as passengers for all purposes.
It is strictly forbidden to use the boat for the transport of goods, passengers other than those mentioned in the previous point, the loading of weapons, animals, narcotics or any toxic or dangerous substance.
Failure to comply with this prohibition shall be sufficient reason for the shipowner to terminate the charter contract immediately without the right to reimbursement of the charter price or part of the charter price.
The vessel may not be used for photographic or commercial filming without the permission of the shipowner.
No smoking on the vessel and no narcotic substances may be consumed on the vessel. It is strictly forbidden.
Furthermore, without prejudice to the intervention of the shipowner, if at the Captain’s discretion, the lessee or any of his guests fail to observe any of the provisions relating to the use of the vessel, and if such failure continues after the Captain has given due verbal warning to the lessee regarding the same, the Captain shall inform the shipowner, who may terminate the charter immediately or instruct the Captain to return to port. In this case, the lessee and the rest of the companions shall disembark, the obligation of the lessee being to pay all outstanding expenses to the Captain, without the lessee being entitled to any reimbursement of the charter price.
The Captain shall have the authority to prevent the Hirer or any of his companions from using any specific water sports equipment if, in his reasonable opinion, such persons are not competent, or trustworthy or behaving in an irresponsible manner, or are under the influence of alcohol or if they fail to show due regard for other persons or property while using the equipment.
Negligence or improper use of the boat, in breach of current legislation by the lessee, shall be sufficient grounds for instant termination of the contract, with the sums paid up to that point remaining in the possession of the lessor without the lessee being entitled to a refund of the same. In case of infringement by the hirer of customs regulations or any other administration, the hirer will be liable for all fines, sanctions or liabilities that may arise, as well as for all the consequences thereof. In case of confiscation, the client shall pay the full value of the boat within eight days. In both cases, the lessee shall forfeit, to the benefit of the lessor, the amounts paid, without prejudice to any legal action that may be appropriate to claim any damages that may be caused.
It is strictly forbidden for the lessee to sublet or transfer the boat.
The lessor is not responsible for any damage or loss that may occur to the personal property of passengers who may be on the boat.
The persons on board, the lessee and the skipper, waive the right to take legal action for any disputes that may arise between them at sea.
The boat has different areas (mats, tables, seats, plastics…) for sunbathing and eating/drinking, which must be protected with towels, both from the contact of protective creams, greasy products and the usual colourings in food/drink products.
No footwear of any kind may be worn on the boat, and footwear must be removed before entering the boat. For safety reasons, lighting fires and smoking are not permitted.
If, during the charter service, any damage or malfunction occurs that is attributable to the lessee or any of the passengers, the skipper must be informed. Likewise, the cost of repairing such damage will be covered by the deposit.
Neither the lessor nor the skipper shall be liable for the loss, misplacement or damage to the luggage, belongings or belongings of the lessee or other passengers, nor for bodily injury, sequelae, illness or death that the lessee or any of the passengers may suffer during the present contract.

5 Expenses
All expenses for provisioning, fuel, moorings in ports and marinas not base, will be at the exclusive charge of the lessee, and are not included in the charter price.
The daily cleaning of the boat for use at sea is included in the price. If there are stains related to the use of shoes, creams, food/drink products, as well as ash residues, cigarette butts, etc., 250€ will be charged for this extraordinary cleaning service.

6 Breakdowns, accidents and theft
If it is not possible to use the boat due to a breakdown or accident during the rental period or for other reasons not attributable to the lessee, the lessor will reimburse the amount to the lessee.
Breakdowns resulting from negligence on the part of the lessee or passengers will be paid in full by the lessee, and the lessor will terminate this contract and reserve the right to claim any damages that the breakdown may cause. If, after disembarking, any deterioration or breakage in the equipment and operation of the boat, or loss of elements of the inventory and equipment, the lessee shall be responsible for the cost of repairs and replacements. All the damages that the deteriorations or losses produce, in the event that they are not covered by the insurance policy of the boat, will be at the expense of the lessee. And in the event that they are covered by the policy, the lessee shall bear, where appropriate, the amount of the deposit.

7 Sailing area
The navigation area shall be the Mallorcan coast, also limited to the attributions of the boat.
The itinerary shall be conditional upon, in the sole judgement of the skipper, being feasible according to the sea conditions and the weather forecast, as well as the duration of the trip.

8 Reservations
Reservations shall become effective, and the present contract shall come into full force and effect, upon receipt in the lessor’s account of 50% of the total charter price. If this has not been done previously, the reservation must be paid, inexcusably, at the time of signing this contract. The rest of the charter price must be paid on the day of embarkation before the start of the service. Failure to make this payment will result in the cancellation of the contract, with the amount paid as a reservation fee remaining as compensation in favour of the lessor.

9 Documentation
The lessee must provide the lessor with the following documentation: ID card or passport of the lessee, passenger list, which will include all persons who will embark with the lessee (whatever their age) with their identification data.

10 Cancellations
Cancellation by the charterer
If prior to the commencement of the charter period, the charterer cancels the contract due to force majeure, the lessee shall be entitled to terminate this contract, receiving the sum paid without interest from the total amount of all payments made by the lessee in accordance with the terms of this contract. Alternatively, if mutually agreed by the parties, the charter period shall be extended for a period equivalent to the delay, or postponed to a mutually agreed period.
Cancellation by the Hirer
In the event that the lessee unilaterally cancels the contract, he shall forfeit the amount paid as a reservation as follows:
If the lessee unilaterally cancels the present contract before or on the charter start date, the shipowner may retain part or all of the charter price depending on the following assumptions:
a) After the signing of the contract but prior to 30 days before the agreed charter date, the shipowner may retain 50% of the charter fee.
b) Less than 30 days before the agreed charter date, the cancellation shall be 100% of the charter fee.
Cancellation due to bad weather
In the event that the weather prevents the departure from the port and if it is not possible to find another date or alternative departure point, the contract will be cancelled and the lessor will return to the lessee the amounts paid up to that moment for day trips.
In the event of adverse weather conditions, the boat rental reservation may be cancelled or cancelled if two of the following conditions occur simultaneously:
– Wave height: higher than 1.5 metres*.
– Wind speed: greater than 30 knots*.
– Precipitation: heavy rainfall for more than 2 hours of the total duration of the sailing day*.
As a consequence of the above, the lessee and/or the lessor may make use of one of these two options:
– In case of adverse weather conditions, the lessee and/or the lessor may change the date of the rental, provided that a boat with similar characteristics is available on the new selected date.
– In case of adverse weather conditions, the lessor will issue a voucher to the lessee for the amount of money he/she has paid for the reservation. The voucher will be valid for 1 year.

11 Data protection
The personal data contained in this contract are protected in accordance with the Personal Data Protection Act 15/1999 of 13 December 1999. This data may only be processed and passed on to companies responsible for collection management and for advertising campaigns of the lessor.

12 Complaints
Any complaint that the lessee wishes to make must be made in writing at the time of disembarkation at the end of the contract.

13 Jurisdiction
Civil Code and jurisdiction
In all matters not provided for in this contract, the provisions of the Civil Code shall apply. The parties agree to submit any controversy that may arise between them as a result of this contract to the Administrative Authorities and to the Jurisdiction of the Courts of Palma de Mallorca, the relationship between them being governed by Spanish Law and expressly waiving their own jurisdiction.
In witness whereof, both parties sign the present Lease Contract, in duplicate, to a single effect, in the place and on the date of the heading.

14 Final Provisions
Should any provision of this contract be inadequate or incorrect, the remaining conditions shall remain unaffected at all times.

15 Further details of the contract
The parties refer to the thread of emails exchanged between the customer and anyone from the domain @seahorse-experiences.com for all other details not covered by this contract.