Terms & Conditions
Mar y Mar Nautica is a trade mark of DEBESTEMMING, S.L.U., NIF B57929135
For our policy on late return of the vessels, gas charges for the use of the vessel, and our policy on security deposits please refer to here (more info).
TERMS & CONDITIONS
BEWARE THESE TERMS AND CONDITIONS WERE TRANSLATED FROM THE SPANISH VERSION BELOW AND MIGHT CONTAIN UNINTENDED TRANSLATION ERRORS! The version which is legally binding and applicable is the Spanish version as per Spanish Law. Click HERE to Read the Spanish Terms and Conditions to which you comply booking through this website.
1. OBJECT. Through this Contract the Proprietor places at the disposal of the Renter a jet ski (hereinafter, the "Vehicle"), as detailed in the Rental Card that forms part of this Contract.
2.- DELIVERY. The Proprietor delivers in this act the Vehicle to the Renter whose model, trademark, registration and other details are indicated in the attached Rental Card, in perfect mechanical condition. They will be reviewed in the presence of the Renter the external elements of the same in order to be able to verify the non existence of possible scratches or blows that could have. Otherwise, this circumstance will be included in the Rental Card and can not be claimed from the Renter in the return. Although, the Renter expressly accepts to be responsible for any other damages that the Vehicle may present at the time of the return, once the Rental is finished.
3.- RETURN. The Renter will return the Vehicle at the address, date and time indicated by the Lessor in the Rental Card, in the same conditions in which it was received, except for the normal wear and tear of the correct use thereof. The delay in delivery will cause the charge of sixty euros (€ 60) per hour, calculated by fractions of a minute. In no case shall the Proprietor return any amount of the rent if the Renter returns the Vehicle before the set time. If for justified reasons, among those found in an exemplary but not limitative way, the misuse of the Vehicle, the Proprietor will request the Renter for an early return, he agrees to return it as soon as he is sued, waiving any claim for the rental rights . The police will be reported and any stolen vehicle will be considered stolen after a period of two (2) hours counted from the time initially set or the time required by the Lessor. If the Renter circulates with the expired contract and without authorization of the Lessor, the contracted insurances will automatically be suspended, being the Renter the only responsible of any damage or claim from that moment.
4.- MECHANICAL GUARANTEE. If due to mechanical reasons the Vehicle can not finish the rental period, the Renter understands that the reason for the failure has been for reasons beyond the control of the Proprietor without the latter acting in bad faith, for which the Proprietor will only be responsible for reimburse the rent amount not used. In any case, the Lessor may substitute the damaged Vehicle for another, paying or charging the Renter the amount for the rental difference of the model, the Renter accepting his resignation to any other type of claim. If the Vehicle is immobilized due to mechanical failure, the Renter must contact the assistance company arranged by the Lessor, and only with it. Only charges paid by another company to such assistance company will be accepted in cases of emergency and when the Proprietor had previously authorized it.
5.- CONDITIONS OF THE DRIVER. The Renter, as driver of the Vehicle, claims to have a valid driving license in Spain to drive this type of Vehicle. Only the following shall be considered as valid driving permits in Spain: those issued in accordance with current Spanish legislation, those issued by the Member States of the European Union and those issued on an international basis by third countries that are recognized in Spain. The Renter and authorized driver undertake to comply at all times with current legislation.
6.- ASSIGNMENT OF THE VEHICLE. The Renter may not assign the use of the Vehicle to third parties, unless express prior consent of the Lessor, which must be reflected when including them as additional drivers in the Rental Card. In this case, the Renter will always be solely liable to the Lessor and third parties for the damages that may be caused in and with the Vehicle, regardless of who conducted it at the time they were generated.
7.- USE OF THE VEHICLE The Renter undertakes to:
a) Do not transport people or merchandise, when this implies directly or indirectly subleasing the Vehicle.
b) Not allow the Vehicle to be driven by persons other than the Renter or to those expressly authorized in the Rental Card.
c) Do not drive the vehicle in an inferiority of physical conditions motivated by fatigue, illness or the effects of alcohol or drugs.
d) Do not use the vehicle to tow or push other vehicles or trailers.
e) Not participate with the vehicle in any type of sporting events, races, training of any kind, official or not, or in endurance tests of accessory materials or products for jet skis.
f) You can not perform any intervention, modification, manipulation, repair or replacement of any part or accessory of the Vehicle, without the express and prior approval of the Lessor, the breach by the Renter will result in paying the costs of reconditioning the Vehicle to its original state and pay an amount as compensation for immobilization of the Vehicle
g) Not circulating outside the scope of circulation established in Stipulation 9 of this contract. h) Do not transport any type of flammable, dangerous, radioactive, toxic or harmful goods in the Vehicle.
i) Do not transport merchandise that exceeds the weight, quantity or volume authorized in the vehicle registration or technical card.
j) Stop the vehicle as soon as possible when any warning light indicates an anomaly in the operation of the vehicle, and contact the Proprietor as soon as possible by calling the telephones indicated in the heading.
8.- MISUSE OF THE VEHICLE. Any action that contravenes current legislation, the specifications of the vehicle manufacturer and the instructions of the Lessor will be considered a misuse of the Vehicle.
9.- SCOPE OF CIRCULATION. The Renter undertakes not to drive the Vehicle outside the limits of the province in which it is delivered.
10.- IN CASE OF ACCIDENT. The Renter undertakes to inform immediately of any incident to the company and to transmit immediately as many letters, subpoenas or notifications as to said loss and to provide complete collaboration with the company and the insurer in the investigation and defense of any claim and process.
a) Immediately contact the Insurance Company and then the Proprietor to report what happened.
b) Obtain the full details of the opposite party, completing the form delivered together with the documentation of the Vehicle, which will be sent urgently to the Lessor, notifying by telephone in the cases of a serious accident.
c) Notify the authorities immediately if there is liability of the opposing party.
d) Not abandon the Vehicle without taking the appropriate measures to protect it and safeguard it.
11.- DAMAGE TO THE VEHICLE. The Renter undertakes to cover with the deposit deposited any type of damage that occurs in the Vehicle during the rental period, both in circulation and in parking. The Lessor may retain the part of the Bond that he / she considers appropriate to cover the repair. Once this is completed, it will present the corresponding invoice to the Renter, paying the part of the remaining deposit, if any. In the event that the reparation is superior to the Bond and safe the eventual coverage of the insurance, the Renter will be the only responsible of the same, and the Proprietor will be able to take the judicial, civil or penal actions that it considers opportune.
12.-LOSS OR THEFT OF THE VEHICLE. As in the case of an accident, in case of theft or total or partial loss of the Vehicle, the Renter undertakes to immediately notify this fact to the Lessor, and to provide complete collaboration with the Lessor and the insurance company in the investigation and defense of any investigation or process. If the Vehicle is stolen or lost due to the negligence of the Renter, the latter will be liable, and will pay the Lessor the market value, according to the tables of the Ministry of Finance, without this implying a waiver by the Lessor to execute the legal actions civil and / or criminal that it deems appropriate against the Renter. If the Vehicle is recovered, the Renter will be responsible for all expenses that may cause its revision and / or repair, as well as the loss of profits incurred by the Lessor according to the rates at the time that the Renter knows. If the cause of the theft is not due to the negligence of the Renter, the latter will only be responsible for the amount of the deposit deposited. In either case, the rental agreement will be considered canceled, without the Renter being entitled to any refund. In the event that the theft occurs on any of the accessories or parts of the Vehicle, the Renter will be responsible for the theft and will indemnify the Lessor for the official price of the manufacturer's price of the stolen piece or accessory plus the cost of the hand of work billed by the corresponding workshop.
13.- DAMAGES OF THE OCCUPANTS AND THEIR ASSETS. The Renter and its occupant exempt the Lessor from all liability for any damage they may suffer, both physical and material derived from the normal or abnormal use of the leased Vehicle. Expressly declare to know the risks that the use of the Vehicle can produce. Likewise, the Renter relieves the Lessor of all responsibility for loss or damage that occurs in objects left or transported in the Vehicle by the Renter or by any other person, or on their clothing, either during the term of the contract or after the return of the Vehicle. The Renter must travel with the appropriate regulatory equipment and required by the competent authorities.
14.- FUEL. Fuel is not included in the rental price. The Proprietor will deliver the Vehicle with the full fuel tank. Likewise, the Renter will return the Vehicle in the same way. If on the part of the Renter the Vehicle with less gasoline is delivered, the Lessor will charge the proportional part that is missing from the deposit, plus expenses of TEN EUROS, for the costs incurred by the Lessor.
15.- FINES AND OTHER CHARGES. The Renter agrees to pay all fines for any infringement of the current and applicable legislation, as well as the expenses derived from the withdrawal of the Vehicle by the authorities. In case of fines that require the identification of the driver, the Lessor will notify, to the competent authorities, exclusively the identity of the Renter. The Renter shall be responsible for the judicial and legal defense costs incurred by the Proprietor arising from accidents or illegal conducts by the Renter and / or his / her companions, as well as the amount of the days in which the Proprietor can not freely dispose of the Vehicle due to seizure, damage or damage caused to it during the lease attributable to the Renter.
16.- INSURANCE. The Proprietor will deliver the Vehicle covered by an insurance policy. The Vehicle is covered by a third party insurance policy (mandatory and voluntary civil liability, legal defense and roadside assistance). The Renter, will accept to take charge of the own damages until arriving at the value of market according to the tables of the Ministry of Property. The Proprietor has a copy of the insurance policy available to the Renter.
17.- LOSS OF KEYS, PADLOCK OR HELMETS. The loss of the keys or the padlock of the Vehicle will be charged on the deposit deposited by the Renter in the amount of the cost of the original key of the manufacturer plus the amount of one hundred euros (€ 100), for the expenses incurred to the Proprietor.
18.- RENTAL PRICE AND CHARGES FOR CARD. The rental price, as well as the deposit of the deposit, are determined by the General Tariff Valid, placed at the disposal of the Renter, plus the corresponding taxes at each moment, and must be paid in advance by the Renter. In no case may the deposit serve for an extension of the rent. The payment of these amounts must be made by credit or debit card.
19.- RENT. The Renter accepts to rent the selected Vehicle and declares whatever his nationality to have read and understood all the conditions of this Contract.
20.- APPLICABLE JURISDICTION. To resolve any doubt or disagreement that may arise from the interpretation and fulfillment thereof, both parties expressly waive their own jurisdiction and submit to the Courts of Barcelona.