GENERAL RENTAL, CANCELLATION AND REFUND CONDITIONS

RENTAL, CANCELLATION AND REFUND

FIRST. – PRICE, CANCELLATION AND REFUND

The rental prices are detailed on the web before beginning the reservation process.

No reservation is considered firm, nor, therefore, will it bind chartermanta.com (hereinafter the LESSOR), until the payment of the amount agreed as a reservation has been produced, justified and duly verified.

In the event that the payment of the total agreed price is not duly justified, or even if it has been made, the CLIENT intends to cancel the reservation, the reservation will be without effect and the LESSOR will take over the amount already delivered as reserve, as compensation and management expenses. See cancellation conditions.

FOR THE CLIENT

If the client cancels the reservation, the LESSOR will pay the following percentages of the total rent paid:

  • With more than 15 days before the start date of the reservation: 100% of the total price.
  • With more than 7 days and less than 15 days before the start date of the reservation: 60% of the total price.
  • With more than 2 days and less than 7 days before the start date of the reservation: 20% of the total price.
  • If the cancellation occurs during the 48 hours prior to the start date of the reservation: 0%.

FOR BAD WEATHER

Cancellation due to bad weather can be a decision of the ship’s captain or when the following conditions exist:

Strong waves, with a wave height greater than 1.5 meters in the area where the boat excursion takes place.

Strong wind with speeds of more than 20 knots.

Rain for a period of time greater than 20% of the total duration of the rental. In this case, the reservation will be changed for another day, if possible, taking into account the availability of the client and the boat (same price and capacity conditions).

In the event that this is not possible, the LESSOR will return the entire payment. The return will be made within 48 hours, by bank transfer to the same account from which the customer made the payment.

BY THE LESSOR:

The LESSOR reserves the right to cancel the departure due to problems with the boat, inclement weather or similar, or for any notorious cause of force majeure, returning 100% of the reservation or postponing the reservation of the boat by mutual agreement.

SECOND. -DEPOSIT

The amount of the deposit will be paid the same day of the rental and depends on the boat, it ranges from €300 to €500, and can be paid by credit or debit card.

The deposit will be retained by the LESSOR as a guarantee of any sanction, defect or damage caused to the vessel or by any other circumstance attributable to the CLIENT or the persons for whom it must respond.

The amount deposited as a deposit will be returned when the boat is reviewed by the LESSOR once the rental period has ended, if there have been no circumstances that authorize the LESSOR to withhold it on account.

In the event that the vessel presents any type of damage beyond the control of the LESSOR, the customer will be charged the corresponding all-risk insurance franchise, said amount will be deducted from the amount paid as a deposit, or, where appropriate, will be deducted from the deposit the necessary expenses for its effective repair.

In those cases in which the damage is caused by the CLIENT or the persons for whom it must respond, is not covered by the insurance policy contracted for this purpose, the expenses inherent to the complete repair of the the vessel, facilities, equipment and material affected.

THIRD. – CAPTAIN AND TITLE

The skipper expressly declares that he has the necessary knowledge and experience to govern the leased boat and that he has the necessary Official Nautical Qualifications.

Likewise, he declares that he knows all the General Maritime Regulations and the Navigation Rules and undertakes to respect them in their entirety.

QUARTER. – BOAT INSURANCE

The boat has an insurance contracted by the LESSOR. The arranged insurance covers civil liability and personal accidents.

The CLIENT will be exclusively responsible for paying any damage, loss, material or human damage, fines or penalties that occur due to the misuse of the boat during its rental period.

For this purpose, the bond delivered by the CLIENT to the LESSOR, has the purpose, among others, of covering said damages, but in no case does it exonerate the CLIENT from the obligation to pay those amounts that exceed the amount deposited as deposit, amounts that must be paid by the CLIENT in accordance with the provisions of the Sixth Clause, and amounts that the CLIENT expressly authorizes in this act, the amount of which will be charged to the credit card indicated in the Eighth Clause of this contract.

FIFTH.- MAINTENANCE AND CHECK IN/OUT OF THE BOAT

Upon delivery of the boat, the CLIENT will have it available for use in the best conditions of navigability, order and cleanliness, being obliged to return the boat after the contracted period in the same state of use and conversation, clean and tidy, with the inventory of the complete equipment and in perfect conditions of navigability.

No food, garbage or personal belongings will be left on board.

SIXTH. – RELEASE OF LIABILITY OF THE LESSOR

The responsibility of the LESSOR is limited solely to making the boat and skipper available to the CLIENT for their use and undertakes that it is in perfect operating condition in accordance with the stipulations established in this contract.

Under no circumstances will the LESSOR be liable to the CLIENT and third parties as a consequence of damages, injuries or loss of personal belongings, occurred during the use of the Vessel.

SEVENTH.- OBLIGATIONS OF THE CLIENT

The CLIENT and the person for whom he has to respond, undertake to respect the following conditions regarding the use of the Vessel:

  1. Use the Vessel according to the rules of a good navigator and with respect to the rules of the Navy Command, Maritime Captaincy as well as those of Customs and Police.
  2. The Vessel may only transport the permitted number of people corresponding to the number of seats in the vessel.
  3. The vessel object of this contract will be used exclusively for recreational navigation, and may not be used to carry out commercial, lucrative or illegal operations.
  4. The vessel must navigate only within the authorized waters for its category. In no case may the vessel leave Ecuadorian jurisdictional waters.
  5. You may not transport weapons, animals, drugs or any toxic, dangerous or illegal substance.
  6. Respect the common uses of the Boat.
  7. Respect and take care of the safety of the crew and the Vessel.
  8. Ensure responsible behavior during the use of the Vessel, responding otherwise to the acts carried out by them, since they are under their charge.
  9. Do not allow smoking in the cabin of the Boat.
  10. Immediately notify the LESSOR or skipper of any accident or incident suffered and/or loss or damage to the boat and its equipment.
  11. Do not navigate under the influence of alcohol or drugs.
  12. In general, the CLIENT or the persons for whom he must respond will be responsible for any loss or damage caused to the leased vessel during the term of this contract and for the loss or misplacement of any of its elements or accessories.

Any defect, damage, loss or misplacement suffered by the vessel will entitle the LESSOR to reduce the amount necessary to repair or replace it from the deposit.

EIGHTH. – NOTIFICATIONS

Any notification and communication that can or must be made by and between the parties in relation to the reservation of the boat, will be made in writing and must be sent by email to info@chartermanta.com.

If during the execution and development of this contract one of the parties changes any of the data provided, they must reliably notify the other contracting party.