In ______________, on _____ of ___________, 20 Attn: Customer Service of SONDEVELA, S.L. Calle Jaume Piquet, 3408017 – Barcelona (Barcelona)

[email protected]

Hereby, I inform you of my desire to withdraw from the service contract listed below:
Reference number: ____________________________________
Contract date: _____________________________
Full Name: _____________________________
ID number: _________–
E-mail: ___@
Contact phone number: ____________________

 

Signature:

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ANNEX II

CONTRACT CHARTER SONDEVELA

Through this nautical lease contract, the lessor, hereinafter SONDEVELA SL, makes available to the lessee, in exchange for a price, a vessel for a specific period of time and exclusively for recreational purposes.

 

DESCRIPTION OF THE VESSEL:

 

NAME OF THE BOAT: Serena	Brand: Bali   Model: 4.1	Year of construction: 2018
Port of registry: Mahón	Flag: ESP (Spanish)	Length: 12.35m   Beam: 7,00m
Relationship between navigability zone and maximum number of people
Unlimited navigability zone.			10 people
Zone between the coast and the line parallel to 60 miles.			12 people
Zone between the coast and the line parallel to 12 miles, protected waters, ports, anchorages, sheltered bays.			14 people
Habitability: 4 double cabins, extra mattress, dining table, 2 full bathrooms.

 

OWNER: SONDEVELA, S.L.
ADDRESS: Calle Jaume Piquet, 34 – 08017 – Barcelona (Barcelona), Spain.

 

DEFINITION OF LESSEE:

The lessee is any person over the age of eighteen, with the capacity to contract and bind themselves, who accepts and agrees to be bound by the present service and contract conditions upon generating a reservation form. The parties, mutually recognizing sufficient legal capacity to contract, agree to the following:

CLAUSES

FIRST.- RENTAL PRICE

The rental price includes the following: VAT, insurance, and final cleaning. The skipper’s fees are included in the rental price. The price does not include fuel, lubricants, stays in ports and marinas other than the home port, provisioning, and private expenses of the lessee and their companions. The payment method will be as described in the general contract conditions and as shown on the website during the booking process. Along with the reservation price, the lessee must pay amounts for ordinary charter expenses known as “Provisioning Deposit.”

For this concept, at the time of embarkation, an initial amount of 20% of the charter price will be requested.

The amount described will be managed by the skipper or captain during the contract period, and additional advances may be requested if the initial amount is not sufficient to cover the expenses incurred during the charter.

 

SECOND.- DOCUMENTATION

The lessee, before the scheduled date for the start of the rental, may be required to provide SONDEVELA SL with the following documentation: – ID or passport of the lessee. – List of passengers, which will include all persons who will board with the lessee (regardless of their age) along with their identification details.

THIRD.- DAMAGES, DEFECTS, AND LOSSES DURING THE RENTAL PERIOD

If, during the rental period, damages or defects occur that are not attributable to the crew, weather conditions, or third parties outside of this contract, caused by the lessee and passengers, they must pay for the value of the damage incurred.

FOURTH.- NAUTICAL MANAGEMENT AND ITINERARY

The lessee may propose the itinerary and give instructions to the crew, but it will always be subject to the skipper’s exclusive judgment to ensure it is feasible based on sea conditions, weather predictions, the duration of the excursion, and to ensure the safety of the vessel, people aboard, navigation, and marine environment protection. Both the skipper and the crew provided for the vessel have the required qualifications, knowledge, and experience based on the vessel in question and the intended navigation.

FIFTH.- EMBARKATION AND AVAILABILITY

The initial embarkation and the provision of the vessel with crew and in perfect navigability conditions will take place on the agreed date, time, and location.

SIXTH.- USE OF THE VESSEL

Prior to the start of the activity, the crew will provide a detailed explanation of the allowed uses and activities onboard the vessel. Additionally, necessary safety measures and the rules to be followed by passengers during the contracted activity period will be presented. The vessel’s cabins are for nighttime use only and are not operational during daytime rentals. For the use of the WC, it is important to follow the instructions provided by the skipper and/or crew.

SEVENTH.- DELAY IN THE PROVISION OF THE VESSEL AND COMPENSATION IN CASE OF INTERRUPTION IN THE USE OF THE VESSEL

In the event that SONDEVELA SL delays the provision of the vessel to the lessee, it must refund the lessee an amount proportional to the delay incurred:

The amount to be refunded will be equal to the value of the lost hours/days. The refund amount will be calculated solely based on the amount paid through the website.

If there is availability of days/hours after the charter ends, the client will have the option to extend it to recover the lost duration. If the delay exceeds 48 hours, in addition to the compensation mentioned or any claims for damages the lessee may make, they may choose between terminating the contract or extending it for the equivalent of the delay. If, during the charter period, the vessel becomes inoperative due to reasons attributable to SONDEVELA, the lessee may claim, in addition to compensation for damages caused, a reduction in the agreed price or the termination of the contract.

 

EIGHTH.- CANCELLATION DUE TO BAD WEATHER

In the event that the weather prevents departure from the port, safe navigation, or poses risks to passengers or the vessel, the lessee will be offered the opportunity to reschedule for new dates and/or times. If they choose not to accept the proposals made by the lessor, 80% of the total price will be refunded.

NINTH.- WATER ACTIVITIES

Water activities may be carried out as long as, at the sole discretion of the skipper, the safety of the passengers, crew, or vessel is not compromised.

TENTH.- SKIPPER’S AUTHORITY. BEHAVIOR OF PASSENGERS AND LESSEE.

At all times, the lessee and other passengers must adhere to the safety measures and guidelines regarding the use of the vessel and its facilities provided by the skipper. Additionally, the lessee and other passengers are obligated to use the vessel and its facilities properly, respecting the usage rules and ensuring peaceful coexistence aboard. Any behavior by the lessee or other passengers that does not comply with current legal regulations or the provisions of this clause will entitle the lessor to terminate the contract early, with no right to a refund of any amounts previously paid, and the lessee and other passengers may be disembarked at the nearest port or anchorage, as judged by the skipper. In this case, passengers will be disembarked with their luggage. Smoking, including cigarettes or electronic devices, is only permitted in outdoor areas. If any part of the vessel is damaged as a result, the lessee will be responsible for the cost of repairs.

 

ELEVENTH.- RESPONSIBILITY OF THE LESSOR AND THE SKIPPER.

Neither SONDEVELA, S.L. nor the skipper shall be liable for the loss, misplacement, or damage to the luggage, belongings, or personal items of the lessee or other passengers. They shall also not be responsible for bodily injuries, aftereffects, illness, or death that the lessee or any of the passengers may suffer during this contract, beyond the legal responsibilities they must assume. In the event that the lessee commits any administrative offense while using the vessel, SONDEVELA may seek compensation for the consequences derived from a potential sanction. In the event that SONDEVELA is sued for damages caused by the lessee to third parties, SONDEVELA may claim against the lessee for the amount awarded in damages.

TWELFTH.- INSURANCE

The vessel subject to this contract is covered by the insurance policies that are legally and regulatory required for the provision of the contracted service.

THIRTEENTH.- CANCELLATION AND REFUNDS

Without prejudice to the right of withdrawal as a user or client described in the general contracting conditions, SONDEVELA, S.L. may cancel this contract. If the cancellation by SONDEVELA, S.L. is for reasons other than force majeure, refunds will be calculated as follows:

• Cancellation 30 days before the rental period: the full amount paid through the website will be refunded.
• Cancellation between 15 and 30 days before the rental period: the full amount paid plus 3% will be refunded.
• Cancellation within 14 days before the rental period: the full amount paid plus 5% will be refunded.

 

Likewise, in the event of cancellation by the lessee, except in cases provided for by the right of withdrawal, refunds will be subject to the following conditions:

• Cancellation more than 30 days prior to departure: 100% refund of the total charter amount.
• Cancellation between 15 and 30 days prior to departure: 50% refund of the total charter amount.
• Cancellation between 2 and 14 days prior to departure, inclusive: 30% refund of the total charter amount.
• Cancellation within 24 hours of departure: no refund will be given.

In the event that the lessee contracts the service with a provision expected within the withdrawal period of 14 days and part of the service has already been provided (purchase of food, payment of fees, etc.), the lessee may cancel the contract, but must pay SONDEVELA an amount proportional to the part of the service already provided at the time the user or client informs of the exercise of the right of withdrawal.

 

FOURTEENTH.- MAXIMUM NUMBER OF PASSENGERS

No person other than those specified in this contract and listed as passengers may board, and under no circumstances may the total number of passengers exceed the number indicated in the certificate of navigability according to the navigation zone. Pets are prohibited on board.

FIFTEENTH.- TERMINATION OF THE CONTRACT

This contract is terminated for the following reasons:

• Due to general causes for the termination of contracts: expiration of the agreed period and breach of contractual obligations by either party.
• Due to the loss or permanent ineligibility of the vessel for reasons beyond the control of the parties and before the commencement of the contract’s purpose.
• Due to unforeseen circumstances during the provision of the contracted service, whether by force majeure or fortuitous events.
• Due to the sale of the vessel. In case the contracted reservations are not respected, SONDEVELA will compensate the lessee for the damages and losses caused.

 

SIXTEENTH.- CIVIL CODE AND JURISDICTION

In all matters not specified in this contract, the provisions of the applicable Spanish legislation concerning nautical lease contracts will apply. The parties agree to submit any dispute arising from this contract to the jurisdiction of the Courts of Barcelona, expressly waiving their own jurisdiction.

 

ANNEX III

DAY-CHARTER CONTRACT SONDEVELA

 

By this nautical lease agreement, the lessor, hereinafter SONDEVELA SL, makes available to the lessee, in exchange for a price, a vessel for a specified period of time and for exclusively recreational purposes.

VESSEL DESCRIPTION:

 

NAME OF THE BOAT: Serena	Brand: Bali   Model: 4.1	Year of construction: 2018
Port of registry: Mahón	Flag: ESP (Spanish)	Length: 12.35m   Beam: 7,00m
Relationship between navigability zone and maximum number of people
Unlimited navigability zone.			10 people
Zone between the coast and the line parallel to 60 miles.			12 people
Zone between the coast and the line parallel to 12 miles, protected waters, ports, anchorages, sheltered bays.			14 people
Habitability: 4 double cabins, extra mattress, dining table, 2 full bathrooms.

 

OWNER: SONDEVELA, S.L.
ADDRESS: Calle Jaume Piquet, 34 – 08017 – Barcelona (Barcelona), Spain.

 

DEFINITION OF LESSEE:

The lessee is any person over eighteen years of age, with the capacity to contract and be bound, who accepts and becomes obligated by the present terms of service and contract upon completing a reservation form.

The parties, mutually recognizing sufficient legal capacity to contract, agree to the following:

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CLAUSES

FIRST.- RENTAL PRICE

The rental price will be freely agreed upon by the parties. The price always includes VAT, insurance, and final cleaning. Additionally, the parties will expressly agree, stating it in writing in either paper or electronic format (email), any other item that should be included in the final price.

 

The captain’s fees will be included in the rental price.

 

The payment method will be as described in the general terms and conditions of contract and as shown on the website during the booking process.

 

SECOND.- DOCUMENTATION

The tenant, before the scheduled start date of the rental, may be required to provide SONDEVELA SL with the following documentation:
– The tenant’s ID or passport.
– A passenger list, which will include all individuals boarding with the tenant (regardless of their age) along with their identifying details.

 

THIRD.- DAMAGES, DEFECTS, AND LOSSES OCCURRING DURING THE RENTAL PERIOD

If, during the rental period, damages or defects occur that are not attributable to the crew, weather conditions, or third parties outside of this contract, and are caused by the tenant or the passengers, they will be required to pay for the value of the damage incurred.

 

 

FOURTH.- NAUTICAL MANAGEMENT AND ITINERARY

The tenant may propose the itinerary and give instructions to the crew, but it will always be subject to the exclusive judgment of the captain, ensuring that it is viable based on sea conditions, weather forecasts, the duration of the excursion, and without compromising the safety of the boat, the people on board, navigation, and the protection of the marine environment.

Both the captain and the crew of the vessel are qualified, knowledgeable, and experienced enough to handle the boat and the planned navigation, considering the vessel specified in this contract.

 

 

FIFTH.- EMBARKATION AND AVAILABILITY

The initial embarkation and the availability of the vessel with crew and in perfect navigability conditions will take place on the agreed date, time, and location.

 

 

SIXTH.- USE OF THE VESSEL

Before the activity begins, the crew will provide a detailed explanation of the allowed uses and activities aboard the vessel. Additionally, they will present the necessary safety measures and the rules to be followed by passengers during the contracted activity period.

The cabins on the vessel are for nighttime use only and will not be operational for daytime rentals. For the use of the WC, it will be important to follow the instructions provided by the captain and/or crew.

 

SEVENTH.- DELAY IN VESSEL AVAILABILITY AND COMPENSATION IN CASE OF INTERRUPTION IN THE USE OF THE VESSEL

In the event that SONDEVELA SL delays the availability of the vessel for the lessee, they must refund the lessee a proportional amount corresponding to the delay caused:

The amount to be refunded will be the same as the value of the lost hours/days. The refund will be calculated only based on the amount paid through the website.

If there is availability of days/hours after the completion of the charter, the client will have the option to extend it to recover the lost duration.

If the delay exceeds 48 hours, in addition to the indicated compensation or the claim for damages that the lessee may file, they may choose either to terminate the contract or extend it by an equivalent amount to the delay. If during the charter period, the vessel becomes inoperable due to reasons attributable to SONDEVELA, the lessee may claim, in addition to compensation for damages caused, a reduction in the agreed price or the termination of the contract.

 

EIGHTH.- CANCELLATION DUE TO BAD WEATHER

In the event that the weather prevents the departure from the port, safe navigation, or poses risks to the passengers or the vessel, the lessee will be offered the opportunity to book new dates and/or times. If the lessee chooses not to accept the proposals made by the lessor, they will receive a 100% refund of the total price.

 

NINTH.- WATER ACTIVITIES

Water activities will be allowed as long as, in the sole judgment of the captain, the safety of the passengers, crew, and vessel is not compromised.

TENTH.- AUTHORITY OF THE CAPTAIN. BEHAVIOR OF THE PASSENGERS AND LESSEE.

At all times, the lessee and the other passengers will comply with the safety measures and guidelines for the use of the vessel and its facilities as communicated by the captain.

 

Likewise, the lessee and the other passengers are required to use the vessel and its facilities properly, respecting the usage rules and ensuring peaceful coexistence on board. Any behavior by the lessee or the other passengers that does not comply with current legislation or the provisions of this clause will entitle the lessor to terminate the contract early, without the lessee being entitled to any refund of previously paid amounts. In such cases, both the lessee and the other passengers may be disembarked at the nearest port or anchorage, as determined by the captain. In this case, the passengers will be disembarked along with their luggage.

Smoking, including cigarettes or electronic devices, is only permitted in outdoor areas. If any part of the boat is damaged due to this cause, the lessee must pay for the repair of that item.

 

 

ELEVENTH.- RESPONSIBILITY OF THE LESSOR AND THE CAPTAIN.

Neither SONDEVELA, S.L., nor the captain will be responsible for the loss, misplacement, or damage to the luggage, belongings, or personal items of the lessee or the other passengers.

They will also not be responsible for bodily harm, consequences, illness, or death that may be suffered by the lessee or any passengers during the present contract, beyond the responsibilities they are legally required to assume.

In the event that the lessee commits any administrative infraction while using the vessel, SONDEVELA may recover the consequences of a potential sanctioning process.

In the event that SONDEVELA is sued for damages caused by the lessee to third parties, it may seek compensation from the lessee for the amount it was ordered to indemnify.

 

 

TWELFTH.- INSURANCE

The vessel subject to this contract is covered by the insurance policies that are legally and regulatory required for the provision of the contracted service.

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THIRTEENTH.- CANCELLATION AND REFUNDS

Without prejudice to the right of withdrawal as a user or client described in the general terms and conditions of the contract, SONDEVELA, S.L., may cancel this contract. If the cancellation by SONDEVELA, S.L. is for a reason other than force majeure, the refunds will be calculated as follows:

• Cancellation 30 days before the rental period: the full amount paid via the website will be refunded.
• Cancellation between 15 and 30 days before the rental period: the full amount paid will be refunded plus 3% of the same.
• Cancellation within 14 days before the rental period: the full amount paid will be refunded plus 5% of the same.

Likewise, in the event of cancellation by the lessee, except in the cases provided for by the right of withdrawal, the refunds will be subject to the following conditions:

• Cancellation more than 30 days before departure: 100% of the total charter amount will be refunded.
• Cancellation more than 15 days before departure: 50% of the total charter amount will be refunded.
• Cancellation between 2 and 14 days before departure, both inclusive: 30% of the total charter amount will be refunded.
• Cancellation within 24 hours of departure will not entitle the lessee to any refund.

In the case where the lessee contracts a service whose performance is scheduled within the 14-day withdrawal period and part of the service has already been provided (e.g., food purchase, payment of fees, etc.), they may cancel the contract, but must pay SONDEVELA a proportionate amount for the part of the service already provided at the time the user or client informs SONDEVELA of the exercise of the right of withdrawal.

 

 

FOURTEENTH.- MAXIMUM NUMBER OF PASSENGERS

No person other than those listed in this contract and the passenger list may board the vessel, and under no circumstances may the total number of passengers exceed the limit specified in the vessel’s navigation certificate according to the navigation area.

Pets are not allowed on board.

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FIFTEENTH.- TERMINATION OF THE CONTRACT

This contract shall terminate for the following reasons:

• For general causes of termination of contracts: expiration of the agreed term and non-compliance by either party with their contractual obligations.
• For loss or permanent disqualification of the vessel due to causes unrelated to the parties and before the start of the contract’s subject matter.
• Due to unforeseen impediments during the provision of the contracted service, whether caused by fortuitous events or force majeure.
• For the sale of the vessel. In the case of not respecting the booked reservations, SONDEVELA shall compensate the lessee for any damages caused.

 

 

SIXTEENTH.- CIVIL CODE and JURISDICTION

In all matters not provided for in this contract, the applicable Spanish legislation regarding the nautical lease contract shall apply.

The parties agree to submit any dispute that may arise between them in relation to this contract to the jurisdiction of the Courts of Barcelona, expressly waiving their own jurisdiction.