VERY IMPORTANT

GENERAL RENTAL TERMS AND CONDITIONS

THE CLIENT

The CLIENT certifies that the designated boat skipper, as specified in this contract, has the necessary knowledge and experience to operate the rented vessel. The CLIENT also declares that the skipper holds the legally required license valid in Spain and that they will keep it available for the relevant authorities throughout this contract.

DIVERTY SEA, as the LESSOR, rents out the recreational vessel described in the Specific Conditions for the period and price previously agreed upon, subject to the terms and conditions of this contract.

The CLIENT agrees to use the rented vessel as if it were their property, following good navigational practices and respecting the applicable laws. The CLIENT is responsible for maintaining the rented boat and all onboard facilities in good condition.

The CLIENT shall not exceed the authorized number of passengers. The vessel covered by this contract is intended solely for recreational navigation and shall not be used for commercial or profit-making activities, nor can it be subleased.

The vessel shall only navigate within Spanish jurisdictional waters and must comply with the navigation area restrictions specified in the Specific Conditions.

The CLIENT agrees not to leave the vessel moored or anchored in an unprotected area without any person on board unless in a designated mooring area that requires a mooring fee.

The CLIENT agrees not to operate the vessel under the influence of alcohol, drugs, or other intoxicating substances and not to bring weapons or illegal substances on board.

The CLIENT is responsible for any damage, loss, or malfunction affecting the rented vessel or any of its elements, including but not limited to the dinghy and outboard engine, and for delays in returning the vessel.

The CLIENT has paid the LESSOR a security deposit, as specified in the Specific Conditions of this contract, to cover any potential damage to the vessel, loss of onboard equipment, or delays in returning the vessel, regardless of the cause (misuse, negligence, accident, or otherwise). This does not affect the LESSOR’s right to take further legal action for damages.

The CLIENT must immediately notify the LESSOR of any accident, incident, damage, or malfunction, regardless of its nature. In the event of an accident, the CLIENT must complete a written accident report detailing the event’s causes, circumstances, and consequences. If available, the CLIENT should also provide the name, surname, and address of any individuals involved, including witnesses and affected third parties.

This contract defines an accident as any fortuitous, spontaneous, external, or violent event. The LESSOR is not obligated to replace the damaged vessel. In all cases, the CLIENT must contact the LESSOR before acting to repair the boat.

THE LESSOR MAY UNILATERALLY TERMINATE THIS CONTRACT IN THE FOLLOWING CASES:

• A) If the vessel is used for any purpose other than recreational navigation or if payments are not fulfilled.
• B) If the skipper lacks the necessary knowledge or the legally required license as determined by the Maritime Authorities.
• C) If the CLIENT or any passengers violate current maritime navigation regulations, negligently operate the vessel, or fail to comply with the MARPOL Convention.

If this contract is terminated due to CLIENT misconduct, the following conditions shall apply:

For reservations of one or more days:

• Cancellations made less than 10 days before the departure date: The deposit is non-refundable.
• Cancellations made between 10 days and 1 month before the departure date: 50% of the deposit will be refunded.
• Cancellations made more than 1 month before the departure date: The deposit will be fully refunded.

PENALTIES FOR LOSS, DAMAGE, OR DELAY

In the event of loss or damage to any provided equipment or failure to return the vessel on time, the following charges will apply:

• Goggles: €20
• Fins: €25
• Snorkel tube: €10
• Binoculars: €30
• Paddles: €25
• Dinghy: €600 (loss or theft)
• Dinghy motor: €600 (falling into the water, loss, or theft)
• Life jackets: €25
• Flares: €20
• Fire extinguisher: €45
• Signal mirror: €10
• Flashlight: €15
• Outdoor lamp: €20
• Gasoline can: €20
• Boat hook: €20
• Inflatable pump: €25
• Oar: €25
• Video camera: €200

In case of delayed vessel return, a penalty of €100 per hour will be charged. If the delay exceeds 2 hours and causes the next client to cancel their reservation, the CLIENT will be charged an additional full day’s rental fee.

THE LESSOR’S OBLIGATIONS

The LESSOR agrees to deliver the vessel to the CLIENT with all safety equipment, valid documentation, an active insurance policy, and all electrical systems in perfect working order. Additionally, the vessel will be handed over with a full fuel tank.

The CLIENT agrees to return the vessel in perfect condition and with a full fuel tank, covering the refuelling costs.

CANCELLATIONS OR DELAYS CAUSED BY THE LESSOR

• If the LESSOR cancels the reservation, the CLIENT will receive a full refund of the rental fee (the CLIENT acknowledges this as full compensation and waives any further claims).
• A proportional discount will be applied if the LESSOR delays the vessel’s delivery. If the delay exceeds 2 hours, the CLIENT may cancel the contract and receive a full refund.
• If adverse weather conditions prevent the safe departure of the vessel, the LESSOR will offer an alternative date at no extra cost. If rescheduling is not possible due to force majeure, the LESSOR will fully refund the CLIENT.

DATA PROTECTION

By signing this contract, the CLIENT consents to the inclusion of their personal data in automated files maintained by the LESSOR, within the legal limits established by data protection laws. The CLIENT’s data may be processed and stored in accordance with the law, and the CLIENT retains the right to access, rectify, or request the deletion of their data.

LEGAL JURISDICTION

For any legal interpretation of this contract, only the Courts of Orihuela or Alicante shall have jurisdiction, with both parties expressly waiving any other applicable jurisdiction.

SIGNATURES

Both parties acknowledge and agree to the terms and conditions stated in this contract. This document is signed in duplicate copies with the same validity and effect.