RECREATIONAL VESSEL RENTAL AGREEMENT

 

  1. GENERAL INFORMATION

 

RENTOR: PREMIUM BOATING SERVICES S.A.S – “BOATING CARTAGENA”

RENTEE: THE NAME RECORDED IN THE BOOKING CONFIRMATION INCLUDING ALL PERSONS IN THEIR PARTY.

PLACE AND TIME OF DEPARTURE: DATA RECORDED IN THE BOOKING CONFIRMATION.

PLACE AND TIME OF ARRIVAL: DATA RECORDED IN THE BOOKING CONFIRMATION.

VALUE CANON RENTAL: DATA RECORDED IN THE BOOKING CONFIRMATION.

By and between PREMIUM BOATING SERVICES S.AS, in its capacity as Rentor, a legally incorporated company, identified by NIT No. 901055102-8, based in the city of Cartagena, represented by Mr. William Eduardo Salazar Escobar, identified by I.D No.14.466.754, or by whoever may perform such respective duties and the Rentee, who has previously made a reservation for the vessel, this rental contract has hereby been signed, which is published on the website of the rental company.

STATEMENTS.

The parties, in the authority with which they act herein, are empowered and have sufficient legal capacity to enter into this rental contract for a recreational vessel.

The Rentor declares to act in the name and on behalf of the vessel owner, by virtue of a contract previously executed.

The Rentee declared to have been informed by the Rentor of the fact that the contract is published on the website and to fully accept the terms and conditions of the contract.

  1. CLAUSES.

FIRST.- PURPOSE OF THE RENTAL AGREEMENT:

The Rentor is obliged, through this contract, to grant upon the Rentee the use and enjoyment of the vessel referenced in the document titled “booking confirmation” in exchange for total payment of the agreed rental fee.

SECOND. TIME AND PLACE OF DELIVERY AND RETURN OF THE VESSEL.

The place and time of delivery and return of the vessel is recorded in the “booking confirmation” document, as previously agreed upon by the parties.

Any change related to the place and time of delivery and return of the vessel must be previously agreed by the parties through written means, preferably email.

The general schedule for the delivery of the vessel is at 9:00 a.m. and, for its return, at 5:00 p.m.

Only the delivery time of the vessel will be subject to modification, without this fact generating a decrease in the rental fee. If the vessel is delivered after five o’clock, there will be a surcharge of 20% of the price of the rental fee.

The Rentee must comply with the orders of the captain, who, for safety reason due to weather, may move forward the vessel’s return, without this fact generating a decrease in the rental fee.

 

THIRD.- PRICE OF RENTAL FEE.

The Rentee must pay the rental fee established in the booking confirmation document in the following manner:

50% of the rental fee, at the time of booking the vessel.

The remaining 50% will be paid off within a deadline set as before the agreed day for delivery of the vessel.

In any case, and in any circumstance, 100% of the agreed rental fee must be fully paid one day before the stipulated date for delivery.

Any default of the Rentee in the payment of the rental fee as per these terms and conditions will result in the termination of the contract, without prejudice to the fact that the sums that the Rentee may have delivered at the time of the breach will remain the property of the Rentor under the concept of damages.

FOURTH.- AVAILABILITY OF THE RENTAL VESSEL

The Rentor undertakes to deliver the rental vessel to the Rentee with its respective captain or pilot, or day, at the time and place established in the “booking confirmation”, in perfect seaworthiness, with the water and fuel tanks full, and outfitted with the equipment, rigging and gear detailed in the annexed inventory, all in good working order.

If, for reasons not attributable to the will of the Rentor, the Rentor cannot make the rented vessel available to the Rentee or another similar vessel on the agreed date, the contract will be resolved with the full refund of the price received, being exempted from the payment of compensation for damages.

Before delivery of the vessel, the Rentor and Rentee shall sign a delivery certificate, which will record the status and operation of the vessel, as well as the operation of technical and mechanical elements, and the status of equipment, gear and riggings.

If, before delivery of the vessel, weather conditions that prevent the delivery of the vessel should occur, the parties may reschedule the day of delivery of the vessel; if reprogramming is not possible, 90% of the fee rental paid will be returned.

Once the vessel has been delivered to the Rentee and the departure has begun, the Rentee will not be entitled to any type of compensation, nor to the return of the rental fee, when, due to unforeseen circumstances or force majeure beyond the will of the parties, full use of the vessel may not be made.

FIFTH. OBLIGATIONS OF THE RENTEE.

The following are obligations of the Rentee.

  1. Pay the rental fee in the time, manner and place previously agreed.
  2. Make good use of the vessel.
  3. Abide by the captain’s orders.
  4. Receive and deliver the vessel in the schedule previously established.
  5. Inform any type of novelty that occurred to the crew and the vessel.
  6. Pay for any repairs or replacements on the vessel due to damages that may be generated by misuse, fraud, fault and negligence of the rentee.

SIXTH. OBLIGATIONS OF THE RENTOR.

These are the obligations of the Rentor.

  1. Deliver the vessel in good working order and seaworthiness.
  2. Deliver the vessel in the place and time previously agreed.
  3. Comply with the obligations established in the contract.

SEVENTH.- ARRANGEMENT OF THE VESSEL.

The vessel will be delivered with its respective captain, who has a navigation license and all the knowledge, experience and qualifications necessary for driving the vessel on the projected route.

Once the vessel has been delivered, the captain can only navigate through the geographical area or areas established in the contract and shall be unauthorized to make changes or modifications at the request of the Rentee.

EIGHTH. USE OF THE VESSEL

The Rentee will allocate the rented vessel exclusively for recreational activities, being its use for any other type of activity strictly forbidden.

The Rentee must give the vessel proper use and is obliged to utilize the vessel with the diligence of a good sailor, respecting the common rules of navigation, as well as those established by the competent authority, responding to any breach thereof.

NINTH. DAMAGE TO THE VESSEL.

The Rentor must inform the Rentee of any damage to the vessel and its artifacts and gear, which may be caused as a result of its use.

The Rentee will respond personally and directly to the damages caused as a result of the wrong or improper use of the rented vessel, while the vessel is in his possession, as well as the damages caused by fraud, negligence and fault.

Once the value thereof has been calculated by the Rentor, the Rentee authorizes to be imposed with the charge onto the credit card previously supplied.

In case all the damages that have occurred cannot be paid up by the abovementioned means, the Rentee must pay such damages within a period not exceeding three business days as of the notification to the email provided by the Rentee.

TENTH. PROHIBITIONS TO THE RENTEE

The Rentee and passengers are prohibited from performing the following actions:

1) Sublet the vessel or transfer the contract.

2) Exceed the maximum number of passengers.

3) Perform acts or engage in behaviors that endanger or impair the vessel, crew and passengers.

4) Use the vessel for purposes other than those contractually established, or for illicit or criminal purposes.

5) Request changes in previously established navigation areas.

6) Violate environmental or maritime regulations.

7) Consume or carry drugs, hallucinogenic materials or psychoactive substances within the vessel.

8) Enter the vessel or allow others to enter in a state of drunkenness.

9) smoke on board the vessel

10) Jump on or off the vessel when the engines are on.

11) Throw paper into the toilet.

12) Cast debris out into the sea.

ELEVENTH.- LIMITS OF NAVIGATION

The rented vessel can only navigate in the geographical area agreed in the booking confirmation; any change must be previously agreed in writing with the Rentor.

TWELFTH. RETURN OF THE  RENTED VESSEL.

The Rentee will return the vessel to the Rentor on the day, at the time and place provided in the booking confirmation; any delay or incident that prevents the timely return, must be communicated promptly to the Rentor.

The Vessel will be understood as returned when totally vacated by the Rentee and all the Rentee’s belongings have been removed.

Except in the event of force majeure or unforeseen event, which shall be immediately communicated to the Rentor, any delay in the return of the vessel will entail for the Rentee the obligation to pay an amount corresponding to twenty percent (20%) of the price of the rental fee.

At the end of the rental, the general condition of the vessel will thereafter be verified, as well as that of the equipment, gear, fittings and riggings, with the Rentee being held liable for breakdowns, damages, malfunctions and losses caused by acts attributable to the Rentee’s fault and negligence.

Once the inspection of the vessel through the captain has been made and the existence of damage, malfunctions or breakdowns attributable to the Rentee have been verified, the Rentor will inform the Rentee of the damages incurred as well as their price thereof, and the Rentee shall authorize for such damages to be paid through the credit card provided.

In the event that all the damages cannot be covered by means of payment given by the Rentee, the Rentor will notify the Rentee of such fact through the e-mail provided, and the Rentee shall pay such damages within three business days of receiving such notification.

For the purposes of the provisions of this stipulation, the time necessary to carry out the repair of damages and malfunctions that may have occurred will be considered as a delay in the return of the vessel.

THIRTEENTH. EARLY TERMINATION OF THE CONTRACT BY THE RENTEE.

The Rentee may request cancellation of the contract via email, which will be subject to the following policies:

If the cancellation is made eight (8) or more days in advance of the date stipulated for delivery, the Rentor will charge 30% of the total value of the rental fee as penalty and must return the outstanding money previously delivered.

If cancellation is made seven (7) days in advance and until one (1) day prior stipulated for the delivery, the Rentor will charge a penalty of 70% of the total value of the rental fee and must return the outstanding money previously delivered.

The Rentee cannot cancel the service on the same day stipulated for delivery.

When, due to weather conditions, it becomes impossible to deliver the vessel, the day of delivery will be rescheduled, if possible; otherwise 90% of the rental fee will be refunded.

FOURTH.- CHANGE OF RESERVATION or REPROGRAMMING.

It is possible to reschedule the reservation as long as there is availability of the vessel, under the following terms:

If reprogramming is made 15 days before the date stipulated for the delivery, no penalty will be applied.

If reprogramming is carried out between the fourteenth and before the third days of the date stipulated for the delivery, a penalty of 30% of the total value of the rental fee will be applied.

If reprogramming is made less than three days days in advance and up to one day before the date stipulated for the delivery, a penalty of 30% of the total value of the rental fee will be applied.

Reprogramming is prohibited on the same day, except if weather conditions make it impossible to carry out the rental.

FIFTEENTH. INDEMNITY.

The Rentee shall hold the Rentor harmless and shall respond directly to any type of claims, lawsuits, litigations, complaints, injunctions, requirements (administrative, criminal, or civil) that may be brought against the Rentor by any third party directly or indirectly caused by undue use of the vessel or of the possessions thereon, thus releasing, in such case, the Rentor of all type of responsibility that, for any cause of this contract, may have been generated.

SIXTEENTH- JURISDICTION AND COMPETENCE.

The present contract is governed by Colombian laws. Any dispute that has as its cause or origin this contract, will be resolved in the first instance through a conciliation that will be carried out in the city of Cartagena de Indias, place of execution of the contract, in case of not reaching an agreement that ends the divergences, the parties will be free to go before the competent jurisdiction.

TENTH SEVENTH. NOTIFICATIONS

For the purposes of this contract, the parties must be notified only and exclusively to the physical and electronic addresses established in the booking confirmation; any notifications made to a different site or email will not have any effect unless such contact data are previously modified in writing to the parties and submitted to the place or email notifications initially established.

EIGHTEENTH. EXECUTIVE MERIT. This contract, provides executive merit, for the obligations contained herein, and the parties waive any type of requirement to be constituted in arrears.

NINETEENTH. EXPENSES

The entirety of all expenses of any type, without any exclusion whatsoever, that may be incurred or caused by consequence of the boat trip projected by the Rentee will be the exclusive account of the Rentee.

TWENTY. INTEGRITY OF THE CONTRACT- If any of the preceding stipulations were totally or partially contrary to peremptory norms, said stipulations will be considered totally or partially null, thus keeping the rest of the contract fully in force.

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