General terms and conditions for booking nautical activities and renting equipment, boats and vehicles
These general terms and conditions for booking equipment, boats, vehicles and/or activities regulate the contractual relationship between the lessor Nau·Tech Beyond Watersports, SL and the lessee, the client, by virtue of which the former grants the latter the use of equipment, boats or vehicles for a period and price determined by the terms and conditions of the rental contract. The activity and/or rental may be subject to the guided direction of a monitor.
Rental conditions
1. The owner of the rental vehicle must read and accept these terms and conditions of use, be over 18 years of age and will be responsible for the rented equipment, boat or vehicle. It is strictly forbidden for a minor to carry out the activity together with another minor, and it is the full responsibility of the parents or legal guardian to provide true information about the minors, and it is also the full responsibility of the parents or legal guardian for any damage or accident caused by carrying out this activity.
2. The rented equipment, boats or vehicles will be collected at the facilities of Nau·Tech Beyond Watersports, SL, and the renter is obliged to return them at the agreed time and date, and at the same place of delivery, or in another prior agreement between the parties.
3. Said equipment, boats or vehicles may only be used by the person designated in the contract (The driver). The renter may not rent, sublease or transfer control or possession of them to third parties. In no case will weather conditions or the state of the sea be a valid reason to justify a delay in the return or in the fulfillment of any other obligation attributable to the lessee.
4. The lessee receives the equipment, boat or vehicle described in the contract in proper working order and without deficiencies, except for any observations made upon receipt of the equipment, boat or vehicle in the rental contract itself. In the event of any defect being found, it is the lessee’s obligation to notify the rental office before use.
5. The Nau·Tech Beyond Watersports, SL team will provide a thorough and exhaustive briefing on maritime safety regulations, handling of the equipment, boat or vehicle, recommendations, restrictions, prohibitions, evacuation plan and other essential aspects to guarantee the safety of the lessee. By signing this contract, the lessee agrees to have received and understood all aspects and conditions agreed in the regulations set out in the briefing. The lessee assumes all responsibility for driving in compliance with traffic regulations.
6. The equipment, boat or vehicle will be delivered with a full tank of fuel or, where appropriate, with a recharged battery, sufficient for carrying out the activity. At the time of delivery, the renter will accept an inventory of the equipment and gear that the rented equipment, boat or vehicle has.
7. The renter is obliged to take care and take the necessary precautions to protect the rented material. Any type of damage, theft or infringement during the rental period will be assumed solely by the client and he will immediately assume all the replacement costs or infringement incurred.
8. The renter, user of the equipment or driver of the boat or vehicle, undertakes to comply with all laws, regulations, ordinances or rules on navigation of the Spanish administrations, and especially the specific regulations relating to the use of the equipment and/or driving of the boat or vehicle. The lessee also undertakes to monitor the oil, hydraulic fluid, coolant and battery levels as instructed by the lessor, and to inform the lessor of any mechanical/electrical anomaly immediately upon detection. Failure to monitor these aspects could lead to serious breakdowns or wear and tear, which will be the responsibility of the lessee if he fails to comply with his obligation.
9. The lessee may not introduce into the boat or vehicle any dangerous products or products that may cause damage to it, nor any illicit or illegal substances, the trade, consumption or use of which is prohibited by any provision or regulation.
10. The lessor reserves the right to recover the equipment, boat or vehicle at any time during the rental if its use contravenes the provisions of this contract, the instructions of the monitor, if applicable, are ignored, or if it is misused.
11. It is strictly forbidden to ride negligently, under the influence of alcohol or substances that alter the state of consciousness and/or in a state of drowsiness or fatigue that endangers your own safety, that of the team, boat or vehicle, or that of third parties.
12. It is forbidden to use the rented equipment, boats or vehicles to push or tow other equipment, boats or vehicles, or in sports events or training of any kind.
13. If the lessee is involved in any type of accident or incident, he/she will immediately notify the lessor. The lessee understands that the equipment, boat or vehicle will not be replaced and the contract will be automatically cancelled without the lessee having the right to any refund or compensation, except in situations where the cause of the accident is due to the fault of another boat or something beyond his/her control, as recognized in the corresponding report from the competent authority.
14. In the event of theft, the client must immediately notify the police and file a report announcing the facts.
15. The lessee may not carry out any type of intervention, modification, manipulation, repair or replacement of any part or accessory of the equipment, boat or vehicle without the express prior approval of the lessor. Failure by the lessee to comply will result in the latter paying the costs of reconditioning the equipment, boat or vehicle to its original state and paying an amount as compensation for immobilization.
16. The lessee agrees to cover with the deposit any type of damage that occurs to the equipment, boat or vehicle during the rental period, both in circulation and in parking. The lessor may retain the part of the deposit that he deems appropriate to cover the repair. Once this is completed, he will present the corresponding invoice to the lessee, paying the remaining part of the deposit, if any. In the event that the repair is greater than the deposit, the lessee will cover the remainder, in which case the lessee will be the only person responsible, and the lessor may exercise the legal, civil or criminal actions that he deems appropriate.
17. The lessee is obliged not to leave the equipment, boat or vehicle unattended at any time during the rental.
18. The lessee will return the equipment, boat or vehicle together with the accessories (key, life jackets, ropes, etc.) on the date and time indicated by the lessor at the same address where the delivery was made, in the same conditions in which it was received.
19. At the end of the rental period, a representative of Nau·Tech Beyond Watersports, SL will determine the conditions of delivery of the rented equipment and will assess, if necessary, the losses or damages caused.
20. The loss of the keys to the equipment, boat or vehicle will be charged to the deposit made by the renter in the amount of the COST OF THE MANUFACTURER’S KEY PLUS ONE HUNDRED EUROS, for the expenses incurred by the lessor.
21. The lessee agrees to pay all fines for any infringement of current and applicable legislation, especially those relating to the navigation or traffic code and regulations imposed on him, whatever the case, as well as the expenses derived from the removal of the equipment, boat or vehicle by law enforcement agents. In the case of fines that require the identification of the driver, the lessor will notify the competent authorities only of the identity of the lessee.
22. In the event of being under the direction of a monitor, the tenant will, at all times, follow his instructions and directions. Failure by the tenant to comply with this obligation will result in the immediate termination of the contract, without the right to a refund of the amount paid.
Civil liability and limitations
1. The lessee, and the occupant, if applicable, release the lessor from all liability for any damage that may be suffered, both physical and material, arising from the normal or abnormal use of the rented equipment, boat or vehicle.
2. The lessor shall not be liable for damages suffered by the lessee or third parties due to the use and operation of the equipment, boat or vehicle, or for the loss or damage to property of the lessee or third parties, due to possible engine failure or other cause; and the lessee releases the lessor from all damage or liability in this regard.
3. The lessee shall be liable, both civilly and criminally, for any liability that may arise from the use of the rented equipment, boat or vehicle.
Payment methods, security deposit and reservations.
1. The payment method may be cash or credit card.
2. The rental price of the equipment, boat or vehicle must be paid before the rental material is provided. A security deposit of up to €500 must be left in cash or by credit card. The amount will be fully refunded when the equipment, boat or vehicle is returned in the same condition.
3. The purpose of the deposit is to guarantee any damage or loss that may occur to any element of the equipment, boat or vehicle, caused during the rental period that is not covered by insurance, as well as the return of the equipment, boat or vehicle in a perfect state of cleanliness.
4. The deposit will be returned upon the return of the equipment, boat or vehicle by the renter, after the inspection by the lessor.
5. The deposit does not constitute in any case a limitation on the liability of the tenant, since the tenant will be liable in all cases for any damages that the landlord may cause in the fulfillment of the obligations incumbent upon him.
6. The tenant shall be obliged to pay the landlord the amounts mentioned below, which the landlord has informed the tenant of and which are included in this contract:
- Billing for the rental period according to the prices in the current Tariff Table.
- Billing, if applicable, for delays in returning the equipment, boat or vehicle.
- Costs and expenses arising from damage caused to the integrity of the equipment, boat or vehicle and/or theft or reduction thereof in accordance with the provisions of the article.
- Accidents, theft and obligation to report them.
- Payment of fines and expenses arising from their management, costs arising from the stoppage of the equipment, boat or vehicle and/or loss of earnings.
- Costs and expenses arising from the replacement of keys and/or accessories.
- Costs and expenses for special cleaning of the equipment, boat or vehicle.
7. The deposit will not be returned in the following cases:
- Failure to follow the instructor’s instructions.
- Hitting the gas or driving faster than the speed indicated within the port.
- Deviate from the route marked by the instructor.
- Any minimal friction or contact between equipment, boats or vehicles or other elements.
- For group outings with friends, acquaintances or family: if there is a collision we reserve the right not to return all deposits to cover the repair of the equipment, boat or vehicle.
- If you create a danger to other users, the activity will be suspended without the option of a refund and you will lose your deposit.
- If the activity takes longer than contracted due to not following the instructor, an extra charge of €5 per minute of delay will be applied.
Cancellations, refunds and resolution.
1. Nau·Tech Beyond Watersports, SL reserves the right to accept or reject a reservation request for any reason, including, but not limited to, the availability of a reservation, an error in the price or in the description or image of the service, or for any error in the reservation. A reservation can be cancelled by giving 48 hours’ notice prior to the start of the rental.
2. In the case of cancellations at the will of the renter, the lessor will refund the advance payment of the rental price already paid, retaining a penalty of 25% of the amount advanced, with a minimum of €25, for cancellation of the rental.
3. In the event of not collecting the reserved equipment, boat or vehicle at the agreed time, the lessor will retain the total rental price already paid.
4. The impossibility of attending the contracted service or an error when making the purchase will not be valid reasons for proceeding with the refund. Excluded from this case are those arising from an error attributable to Nau·Tech Beyond Watersports, SL or in cases of force majeure, especially meteorological causes that prevent the service from being carried out.
5. In the event that the holder does not redeem a one-day voucher with the date of the indicated activity, it will be considered expired, and it will not be possible to redeem it. In this case, the holder will not be entitled, under any circumstances, to a refund of the amount paid.
6. The lessor may terminate this contract in the event that, for reasons beyond its control, it is unable to make the contracted equipment, boat or vehicle available to the lessee at the time and place where it is to be delivered. In this event, the lessor will reimburse the lessee for any amounts it has received up to that date in accordance with the provisions of this contract. Under no circumstances may the lessee ask the lessor for compensation for the unavailability of the equipment, boat or vehicle.
Nau·Tech Beyond Watersports, SL Assistance
1. The lessor has a support service, so in the event of any type of breakdown during the rental period, the contract holder must urgently contact the customer service of Nau·Tech Beyond Watersports, SL.
Assignment of image rights
1. The lessee authorizes and gives legitimate permission to Nau·Tech Beyond Watersports, SL to use photographs and images where he and his companions appear for advertising purposes and to publish them in the technical media currently known and those that may be developed in the future for any application.
2. The authorization does not set any time limit for the granting of an image in the photographs that show the lessee and his companions, so it is considered to be granted for an unlimited period of time. Therefore, the lessee may not in any case claim any type of compensation for the use of said images in our company or from third parties.
3. At any time, the tenant may request the landlord to exercise the rights of access, rectification, cancellation and opposition by emailing contact@nau.tech
Applicable jurisdiction.
1. To resolve any dispute regarding the interpretation or compliance of this contract, the parties, waiving their own jurisdiction, expressly submit to the jurisdiction and competence of the Courts and Tribunals of Gavà.
2. This contract is subject to the Law applicable in the country of the landlord.
3. The contract and its specific conditions have been provided to the tenant prior to its signature, having introduced the variations that both parties have agreed on in this regard.
4. The nullity of any clause, agreement or provision will not give rise, in any case, to the nullity of the entire contract or to the specific clause, which will be maintained in all other respects.