(1) Definition
Nubita Eivissa S.L. (tax reference number CIF B-57530941) is the proprietor of the following Rigid Inflatable Boat (R.I.B.):
(a) Nubita II (BWA 27 Evolution, Suzuki outboard engine, 225 hp )
The charter agreement is concluded between Nubita Eivissa S.L. and the charterer.
 
(2) Prices
Charter prices are gross prices and include 16% VAT.
 
(3) Additional costs
Fuel and other costs are not included in the charter price.
 
(4) Other charges
Other charges, such as berthing charges in other marinas, transport or collection of the boat to or from a place outside the harbour, etc., are not included in the charter price.
 
(5) Alterations of the boat
It is prohibited to change the interior or exterior of the boat. Nothing must be removed from the boat.
 
(6) Minimum term
The minimum term of the boat charter is two (2) days. The boats will be available for occupation from 10.00 a.m. on the first day and must be vacated by 8.00 p.m. on the last day of the charter. In case of delay, an extra amount of € 30 will be charged for each commenced hour.
The end of the charter obliges the charterer to return the keys of the chartered boat to Nubita Eivissa S.L. Charterers are respectfully asked to look after the boat and its contents and to leave it in the same good condition in which it was found.
 
(7) Reservation
To reserve the boat, Nubita Eivissa S.L. will send the prospective charterer a charter agreement and the Terms & Conditions by fax, mail or e-mail. As from this moment, Nubita Eivissa S.L. gives the prospective charterer an option for a confirmed reservation of five (5) calendar days.
 
Short term reservations (reservations 14 days or less prior to occupation): Nubita Eivissa S.L. will grant the prospective charterer an option for the confirmed reservation until 2:00 p.m. the next day.
 
(8) Confirmed reservation
To make a confirmed reservation of the boat, the prospective charterer must submit the following documents / fulfil the following conditions:
 
1. the signed charter agreement
2. the signed terms & conditions
3. a copy of his/her valid boat driving license
4. a copy of his/her ID
5. remittance of 40% of the full charter amount to the business account of Nubita Eivissa S.L.
 
If the confirmed reservation is made two weeks or less before the beginning of the charter, the prospective charterer is obliged to transfer the entire rental fee.
The remittance is considered concluded if the amount to be transferred has been booked on the business account of Nubita Eivissa S.L., or if Nubita Eivissa S.L. has received the remittance slip issued by the bank.
 
The fulfilment of these five points means that the reservation is binding for both sides. The charterer will receive a confirmation from Nubita Eivissa S.L. by fax, mail or e-mail.
 
(9) Full payment
The outstanding amount is to be transferred to the business account of Nubita Eivissa S.L. at the latest fifteen (15) calendar days prior to occupation. If the remaining amount is not transferred in due time, Nubita Eivissa S.L. may cancel the reservation and keep the advance payment.
 
(10) Refundable damage deposit
A separate refundable damage deposit is required and must be handed over in cash upon arrival. In case of any damage in or around the hired boat the charterer is obliged to immediately inform Nubita Eivissa S.L. If the damage was caused by the charterer, reparation costs will be deducted from the deposit. If the charterer does not pay for the damage, he or she will not be allowed to use the boat any longer.
Nubita Eivissa S.L. will refund the entire amount of the deposit at the end of the charter period if the charterer has fulfilled all obligations according to the charter agreement.
 
(11) Minimum and maximum number of crew
The minimum number of crew is two (2). The maximum number of crew is stipulated in the charter agreement and must not be exceeded.
 
(12) Cancellation
The tenant may cancel the charter agreement in writing, even after the binding reservation has been confirmed. In this case, the charterer has to pay a cancellation fee, which amounts to the following percentages of the entire charter price:
 
up to 30. calendar days prior to occupation 10%
up to 15. calendar days prior to occupation 40%
up to 6. calendar days prior to occupation 80%
5 calendar days and less prior to occupation 100%
 
(13) Rebooking
A change of the charter period on request of the tenant is only possible if the boat still is available. In this case, a fee of € 25 will be charged.
 
Short term reservations (reservations two weeks or less prior to occupation): Changes of the charter period are not possible.
 
(14) Tenant’s liability
The charterer must treat the rented boat with care. She/he is obliged to inform Nubita Eivissa S.L. without delay about any damages, even if they were not caused by the charterer. He/she is responsible for all damages caused by himself/herself or by his/her visitors. Animals are not permitted aboard.
The charterer must declare that he/she is qualified for navigating the boat that is object of the charter agreement by presenting a valid boat driving license. He/she is obliged to comply with all navigation rules and holds responsibility for the security of the entire crew.
 
(15) Insurance
The boat is insured against third party accidents and own damages according to the legal provisions.
 
(16) Nonperformance
If the charterer sets up a claim against Nubita Eivissa S.L. because of incompliance or bad compliance, Nubita Eivissa will react accordingly and examine the facts of the case immediately.
 
(17) Place of jurisdiction
In case of a lawsuit in connection with this contract the parties waive their usual place of jurisdiction and explicitly submit themselves to the jurisdiction of Ibiza.