1.- NAVIGATION AREA AND LICENSE:
1.1. The permitted navigation area, as long as the skipper´s license allows it, will be the one legally established by the authorities.
1.2. ENJOY WATERSPORTS, S.L disclaims any and all liability for failure to comply with the aforementioned rule.
1.3. The lessee or the person enrolled for this purpose, must have and carry at all times, sufficient license for the jet ski and voyage in question. In no case may the steering of the jet ski be transferred to another person that the person designated in the contract.
1.4. Notwithstanding the foregoing, if during the term of the lease, due to an incident in the handing of the jet ski, or in the navigation tests referred to in the next stipulation, the lessor sees that the lessee is not capable of handing the jet ski, he may require him to enlist or hire at his expense a person with the necessary qualifications and skills.
2.- DELIVERY OF THE JET SKI TO THE LESSEE:
2.1. The jet ski will be delivered to the lessee at the port indicated in the specific conditions of this contract. The delay in the delivery of the jet ski by the lessee, for reasons attributable to himself, due to weather conditions, force majeure or similar circumstances that would force the lessee to delay the departure, shall not intile the lessee to a reduction of the agreed price or to the extension of the contract term, which shall end on the scheduled day.
2.2. Prior to delivery, the lessee shall have the right to inspect the jet ski in the company of a representative the ENJOY WATERSPORTS, S.L., in order to verify that the jet ski is in perfect working order. He shall also have the right to perform a navigation test of at least 15 minutes’ duration. Acceptance of the jet ski presupposes that it is in good condition. In any case, any deficiency or non-conformity or the lessee must be notified to the lessor in writing and in an irrefutable manner, within 24 hours following the moment in which the reception of the jet ski has not taken place due to his concurrence.
2.3. The jet ski will be delivered with a full tank of fuel. At the time of delivery, the lessee shall sign an inventory of the jet ski´s equipment and gear.
3.- RETURN OF THE JET SKI:
3.1. Unless otherwise stated in the particular conditions, the lessee must return the jet ski at the same port of delivery, within the timetable indicated.
3.2. Upon arrival, the jet ski will be inspected to verify that it is in perfect conditions, with all its equipment, without breakages, breakdowns and in a correct state of maintenance and cleanliness, obligations that the lessee assumes for the period in which he uses and enjoys the jet ski. If, after the inspection, any deterioration or loss of inventory items and equipment is found, the lessee shall be responsible for the cost of repairing or replacing the lost item, which may be deducted directly from the deposit.
3.3. The delivery must be made with a full tank of fuel. In case that this is not complied with, the lessee shall be obliged to pay the price of the same plus a penalty of 100 €, all of which may be automatically deducted from the deposit.
3.4. If the deterioration and consequent need for repair results the impossibility of use during previously contracted periods, the hirer shall be responsible for the damages arising therefrom, including both consequential damages and loss of profit.
3.5. In the event of breach of contract for late return, the lessee shall pay 100 € for each hour of delay in returning the jet ski.
4.1. For each day of delay in the return, the renting client will compensate the owner, in any case, in the amount equivalent to three times the daily rental price, without prejudice to which, he will also have to pay any amounts, penalties or compensations that ENJOY WATERSPORTS, S.L. has to satisfy to third parties or to the clients that have contracted the jet ski for the following periods and that for this reason have to delay their departure.
4.2. After 24 hours from the end of the contract, if the jet ski has not been returned, it will be started a search for it, and the marine authorities will be notified, and the lessee will be responsible for all expenses incurred.
4.3. In case of capture, the lessee shall pay the full amount of the jet ski, without the right to restitution of the amounts paid to the lessor.
5.- JET SKI USE:
The lessee assumes compliance with the following obligations:
5.1. To use the jet ski only for recreational purposes, being forbidden the sublease, the transfer to third parties, and the transport of goods or passengers other than the lessee and his guests. The lessee may only embark the maximum number of persons specified in the particular conditions.
5.2. To take care of and be responsible for the custody and maintenance of the jet ski during the period in which he enjoys his rental.
5.3. Pay all current expenses during the rental period, such as fuel.
5.4. Compensate for all losses or damages or any loss or damage to any equipment, gear, equipment and accessories of any kind belonging to the jet ski, caused during the rental period that are not covered by the insurance.
5.5. To inform ENJOY WATERSPORTS, S.L. as soon as possible, and never later than 24 hours after the occurrence of any event that could reasonably give rise to a claim covered by the insurance and of any other accident, incident or damage suffered by the jet ski.
5.6. Comply with and follow the navigation and steering instructions of the jet ski given by the jet sky skipper.
5.7. Not to rent, sublet or transfer control or possession of the jet ski to third parties. In no case shall weather conditions or sea conditions be a valid reason to justify a delay in the return or in the fulfillment of any other obligation attributable to the lessee.
5.8. The lessee may not introduce into the jet ski dangerous products or products that may cause damage to the jet skim nor illicit or illegal substances, whose trade, consumption or use is prohibited by any provision or regulation.
6.- PURPOSE AND RETURN OF THE DEPOSIT:
6.1. The purpose of the deposit is to guarantee the damages or losses that may occur in any of the equipment, apparatus, equipment and accessories of any kind belonging to the jet ski, caused during the rental period that are not covered by the insurance, as well as the return of the jet ski in a perfect state of cleanliness. Likewise, it shall apply in the cases and terms established, specifically, in the stipulations of this contract.
6.2. The deposit shall be returned at the time for the abandonment of the jet ski by the lessee and his companions, after the review referred to in the general condition 3.2. in a satisfactory manner. In case of a claim, the refund of the deposit will be delayed until the insurance company pays the appropriate compensation for replacement of equipment or repair of the jet ski.
6.3. The deposit does not constitute in any case a limitation to the lessee´s liability, since the lessee shall be liable in any case for damages that the lessor may cause in the performance of the obligations incumbent upon the lessor.
7.1. The jet ski will be insured, with the modality that is specified in the particular conditions, and with the terms and limitations that result from the copy of the policy that will be delivered at the time of the delivery of the jet ski, keeping ENJOY WATERSPORTS, S.L. the original of the policy. The cost of the insurance will be paid by ENJOY WATERSPORTS, S.L.
7.2. ENJOY WATERSPORTS, S.L. will not be responsible in any case for the losses or damages that could suffer the personal effects of the renter or of any members of his group of people invited on board.
8.- ACCIDENTS AND BREAKDOWNS:
8.1. In case of breakdown, collision, loss of equipment, the lessee must imperatively and immediately notify the lessor who will inform him of the instructions to be followed.
8.2. The loss of the use of the jet ski, during the rental period, for any reason other than a defect inherent to the jet ski, shall in no way give rise to a refund, even partial, of the rent paid by the lessee, nor to compensation for any damage suffered by the latter.
9.- CONTRACT CANCELLATION:
9.1. The lessee may in any case terminate the contract, always before the delivery of the jet ski, upon payment of an amount equal to 25% of the total price stipulated if the termination is made three months prior to the date of delivery of the jet ski, and 75% of the price of the termination is made less than three months prior to the time of delivery.
9.2. The lessor may terminate this contract in case that for reasons beyond his control could not make available to the lessee the jet ski contracted at the time and place to proceed to the delivery of the same. In this case, the lessor shall reimburse the lessee any amounts received to date in accordance with the terms of this contract. Under no circumstances may the lessee ask the lessor for compensation for the unavailability of the jet ski.
10.- LIABILITY DISCLAIMER:
The lessor is exonerated from liability for any damage that the lessee may cause to third parties or things by the use of the rented jet ski.
11.- The lessee is informed that the jet ski is equipped with a GPS location system that informs the lessor of its position for security reasons and for the protection of the boat and its occupants.
The data obtained are exclusively limited to such purposes, to which the lessor is expressly authorized by reason of the signing of this contract, both by the lessee himself and by those who were accompanying or using the jet ski as provided in this contract, to whom the lessee is obliged to communicate and inform them of this act.
12.- MISCELLANEOUS PROVISIONS AND JURISDICTION:
12.1. To resolve any dispute over the interpretation or performance of this contract, the parties, waiving their own jurisdiction, expressly submit to the jurisdiction and competence of the authorities of Marina and, where appropriate, to the Courts and Tribunals of Ibiza.
12.2. This contract is subject to the law applicable in the lessor´s country.
12.3. The contract and its particular conditions have been provided to the lessee prior to its signature, having introduced the variations that both parties have agreed in this regard.
12.4. The nullity of any clause, to the invalidity of the entire contract or of the specific clause, which shall be maintained in all other respects.