This Agreement was last modified on January 2, 2014.
Please read these Terms of Service completely before using www.almarbaleares.com which is owned and operated by Almar Baleares Charter. This Agreement documents the legally binding terms and conditions attached to the use of the Site at www.almarbaleares.com.
By using or accessing the Site in any way, viewing or browsing the Site, or adding your own content to the Site, you are agreeing to be bound by these Terms of Service.
The Site and all of its original content are the sole property of Almar Baleares Charter and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws. Some images of boats are taken from the websites of the boat makers and therefore belong to them.
Almar Baleares Charter reserves the right to terminate your access to the Site, without any advance notice.
Links to Other Websites
This Agreement is governed in accordance with the laws of the Balearic Islands, Spain.
Changes to This Agreement
Almar Baleares Charter reserves the right to modify these Terms of Service at any time. We do so by posting and drawing attention to the updated terms on the Site. Your decision to continue to visit and make use of the Site after such changes have been made constitutes your formal acceptance of the new Terms of Service. Therefore, we ask that you check and review this Agreement for such changes on an occasional basis. Should you not agree to any provision of this Agreement or any changes we make to this Agreement, we ask and advise that you do not use or continue to access the Site immediately.
Handing over and returning
(1) The lessor commits himself to extensively instruct the pilot when handing over the yacht together with a simultaneous control of all the technical functions and checking the existence of all the equipment objects. The charterer may just refuse to take the yacht only when the seaworthiness is limited to a considerable extent. If the check is carried out within the period foreseen as duration of this contract this does not imply an extension of the contract period by the time the check lasts.
(2) The vessel must be returned within the time and in the place determined in the specific conditions of this contract. When the vessel is return the checkout will be carried out by both parties, and at the end of the checkout the corresponding document will be issued in agreement and as proof.
(3) Without the permit by the lessor is not possible any extension of the agreed charter time. The charterer has to keep the yacht within a sufficient proximity to the returning port before the end of the contract. For that purpose he may not appeal to any weather-caused conditions in case of default to returning the ship back on due time.
(4) In the event of the charterer failing to return the vessel at the time and in the place agreed, he or she must pay an amount consisting of triple the daily leasehold price to the lessor for each day of delay in respect of damages.
(5) After 24 hours from the time foreseen for return of the vessel, if this has not taken place, and if there has been no news of the charterer, crew or vessel, the lessor will initiate a search communicating with the relevant maritime authorities. All the expenses arising from this will be met by the charterer.
(6) The vessel must be returned in identical conditions with regards to functioning, equipment and inventory, to those at the start of the hire period. If after the checkout any deterioration or breakages in the equipment or functioning of the vessel, or losses of articles in the inventory and equipment were detected, the price of the repairs and replacements will be paid for by the charterer. Said amount will be determined, in the case of articles,
based on the values calculated by the lessor in his or her accountancy, which will be shown to this end to the charterer, and in the case of repairs using an estimate by a specialist firm. All damages arising from deterioration or losses will be paid for by the charterer in the event of their not being covered by the vessel’s insurance policy.
(7) Should the yacht be returned back to any other port different from the agreed port, then the lessor must be opportunely notified. The charterer is obliged to a proper supervision until he returns the ship back . The yacht is only considered to have been duly returned back, when it has been received either by the lessor o by a new crew in presence of the owner or else by a person duly appointed thereto by him.
If you have any questions about this agreement, please feel free to contact us.