Hispania Mare

Vom Charterunternehmen verfasst, im Originalwortlaut und in dessen Sprache. navi-gate ist daran nicht Partei.

AGREEMENT ON BUSINESS COOPERATION HISPANIA MARE SIGLO XXI, S.L. and AGENCY hereinafter called Agency ARTICLE 1 - Subject of the agreement Subject of this agreement is the organisation of accommodation on the vessels entrusted by the company HISPANIA MARE SIGLO XXI, S.L. to the Agency for the current year due to its further organisation of accommodation for the Third Party on vessels. The vessels are located in Marina Denia and the Agency shall offer them during periods available for charter in accordance with the booking list. The Price List for the current year and General Terms and Conditions for Charter set out by HISPANIA MARE SIGLO XXI, S.L. form an integral part of the Agreement. ARTICLE 2 - Liability of the Agency 2.1 The Agency will include the vessels in the rental program for their hiring in the national and international market, taking care to obtain the highest possible score for operating options. 2.2 The Agency will promote accommodation on the vessels in magazines, fairs, specific websites in order to obtain the highest possible score for operating options for the accommodation organized on the vessels. 2.3 The Agency will organize the accommodation on said vessels within the limits of the territorial waters of Spain. 2.4 The Agency will manage on its own account the contracting of a discount for the accommodation service on the vessels provided by HISPANIA MARE SIGLO XXI, S.L., and will establish its own price for the accommodation of the clients on the vessels. 2.5 The Agency will provide the Third Party (clients) with effective information on the type of accommodation capacity of the vessel, the parts that make up the vessel and possible additional costs (diet, WIFI service, moorings, hostess, etc.). The Agency will provide HISPANIA MARE SIGLO XXI, S.L. with information about all potential clients, their data, reservations and will make payments on behalf of the clients. 2.6 The Agency will provide HISPANIA MARE SIGLO XXI, S.L. with all possible options, which must be confirmed upon payment of the reservation within three days as established in Article 5. 2.7 The Agency will be requested to provide HISPANIA MARE SIGLO XXI, S.L. with the CrewList (list of crew members with date of birth, passport number or ID number with nationality). ARTICLE 3 - Liability of CHARTER COMPANY NAME 3.1 HISPANIA MARE SIGLO XXI, S.L. shall undertake to ensure the navigability of vessels, the investment maintenance, the current maintenance, preparations of vessels during check in and check out of clients, bear the berthing costs in the port of registry of the chartered vessel and insurance costs for the vessel and passengers. 3.2 HISPANIA MARE SIGLO XXI, S.L. shall undertake to bear all the costs which should be charged by the Client in the event of nonfulfillment of terms and conditions of the General Terms and Conditions concerning the organised accommodation on vessels. 3.3 HISPANIA MARE SIGLO XXI, S.L. shall undertake to provide the Agency with the tender according to the Price List by HISPANIA MARE SIGLO XXI, S.L. for the current year including discounts as set out in the Price List, to highlight the compensation the Agency shall get for all services as set out in Article 2, or it shall provide the Agency with information the required vessel is not available during the period asked by Client. ARTICLE 4 - Discount In respect of the fact that the Agency runs business on its own and on behalf of an affiliate, the Agency shall be receive a compensation – contractual discount. The compensation makes number % out of the price for accommodation service issued by HISPANIA MARE SIGLO XXI, S.L. The compensation will be calculated on the NET price after the discounts regarding price list of HISPANIA MARE SIGLO XXI, S.L. Invoicing: - HISPANIA MARE SIGLO XXI, S.L. shall invoice the agency directly less the compesation ARTICLE 5 - Terms of Payment 5.1 The Agency shall pay HISPANIA MARE SIGLO XXI, S.L. the payment corresponding to the realization of the option (by means of the reservation), which shall be reduced to the compensation established in article 4 according to the following principle: - 50% of the price at most 1 day after the reservation. - 50% of the price 30 days before the agreed rental period. 5.2 HISPANIA MARE SIGLO XXI, S.L. reserves the right to reject the Client if the payment for the accommodation service has not been made in time and form. 5.3 In accordance with the Tourist Tax Law, the Client must pay the tourist tax per person and day in the event that it is required by the local authorities. ARTICLE 6 - Insurance and Security Deposit The Agency is obliged to provide the Third Party (Client) with information on the Security Deposit that may be paid in cash or by credit card at the time of the vessel delivery procedure. HISPANIA MARE SIGLO XXI, S.L. is obliged to repay the security deposit to the Third Party (Client) at the end of the charter period and it is obliged to charge the deposit in the event of possible damage up to the security deposit rate (as set out in the Price List for the current year). ARTICLE 7 - Time Limitation Items of the Agreement This Agreement is concluded for the 2025 season. 7.1. Each Party has the right to unilaterally terminate this Agreement by registered mail: a) if the other party to this Agreement fails to fulfil its commitments after receiving the notice of claim, b) in the event of a material change of circumstances which makes it difficult or prevents either Party from fulfilling its obligations due to such circumstances, and the subject matter of this Agreement cannot be fulfilled. This Agreement shall be automatically extended unless either Party notifies otherwise before 1 October of the current year. In that case, the termination of the Agreement shall enter into force on 1 November of the current year. Any dispute under this Agreement shall be resolved in accordance with the courts of Spanish jurisdiction. For Agency Director: For HISPANIA MARE SIGLO XXI, S.L. Director: GENERAL TERMS AND CONDITIONS FOR ONBOARD ACCOMMODATION SERVICE BY HISPANIA MARE SIGLO XXI, S.L. 1. PRICE, BOOKING AND METHOD OF PAYMENT The accommodation rate includes the use of the boats and equipment according to the current Rate, bed linen, auxiliary rowing boat*, autopilot, GPS, usual services provided by the charter base at check-in and check-out, and mooring fees in the port of registration. The accommodation rate does not include fuel, marina and mooring fees in ports outside the port of registration, port fees and other charges. Once the reservation has been confirmed, valid only if made in writing, payment must be made as follows: - 50% within 1 day of confirmation of the reservation. - 50% no later than 30 days before the start of the accommodation. The taking possession of the boat will be effective once full payment has been made. If the 50% advance payment is not made on the scheduled date after receipt of the complaint letter sent by HISPANIA MARE SIGLO XXI, S.L. , the aforementioned company will have the right to cancel the reservation. By paying 50% of the reservation amount, the Client accepts these General Conditions of the Accommodation Service on Board and the characteristics of the boat. All the content of these General Conditions is binding on both parties to this Contract. Additional services will be charged according to the applicable Price List (paddle board, outboard motor, non-refundable security deposit, etc.) and must be confirmed in writing at least 7 days before boarding. If the Client requests HISPANIA MARE SIGLO XXI, S.L. to hire a hostess, this must be specified at the time of confirming the reservation. The list of crew members will be requested at most one week before the start of the accommodation service. 2. CANCELLATION In the event of cancellation by the Client of the accommodation booked on board for any reason, the Client will be obliged to notify HISPANIA MARE SIGLO XXI, S.L. in writing, and will be charged the following: - up to 50% of the total price of the accommodation if the cancellation has occurred up to 30 calendar days before the start date of the accommodation - up to 100% of the total price of the accommodation if the cancellation has occurred less than 30 calendar days before the start date of the accommodation. - up to 20% of the total price of the accommodation if HISPANIA MARE SIGLO XXI, S.L. has managed to find another client for the cancelled period. The date of receipt of the written notification of cancellation will be the basis for the settlement of the cancellation fees indicated. If the Client's cancellation is due to force majeure or any other objective reason (serious damage to the boat during previous bookings), the Client shall be reimbursed: - with 100% of all money paid for it In the event of damage or loss of any part of the boat during the previous accommodation, which is not essential for the safety of navigation, and if a course or event is interrupted by the breakdown or damage of the boat before the start date of the next accommodation, the Client shall not be entitled to any cancellation of the accommodation service or to demand the reduction of the accommodation fee. 3. SECURITY DEPOSIT AND VESSEL INSURANCE The insurance policy covers the Compulsory Passenger Insurance and the Compulsory Civil Liability Insurance. The personal property of the passengers is not covered by the insurance and any damage caused by gross negligence or with the manifest intent of the Client will not be subject to insurance compensation. A) DEPOSIT *- Prior to the delivery of the boat, the Client must pay the security deposit in cash or by credit card (Visa, MasterCard) in Euro currency (€). After the accommodation of the clients on board is completed, the security deposit will be fully refunded, unless any damage has been found on the boat or damage or loss of any item of the boat's equipment. Otherwise, the deposit will be kept at the value equivalent to the repair or purchase value of the damaged and/or lost equipment. B) NON-REFUNDABLE SECURITY DEPOSIT** - It is possible to require the payment of a non-refundable security deposit according to the applicable Price List. C) If the Client wishes to sail outside the territorial waters of Spain, he/she must inform HISPANIA MARE SIGLO XXI, S.L. as soon as possible so that it can organise this. The costs and expenses mentioned above will be borne by the Client. Information on sailing outside the territorial waters of Spain must be confirmed in writing in due time, but no later than 60 days before the start date of the accommodation service period. D) SEA DAMAGE and major breakdowns - D) DAMAGE AT SEA and major damage - If the damage has been rectified within 24 hours, the Client will not be entitled to any refund. If the damage cannot be rectified on the way and requires the return of the sailing boat to the base, an early return of the boat must be arranged so that it can be repaired and prepared in time for the next accommodation service. The Client will be entitled to a refund proportional to the number of days of service lost if the damage on board has been caused by the fault of HISPANIA MARE SIGLO XXI, S.L. Otherwise, the Client cannot expect compensation for the costs mentioned here and will be obliged to compensate any additional expenses related to the search for a replacement boat. In the event of damage and major damage at sea, loss of the boat, injury to persons, the Client must notify HISPANIA MARE SIGLO XXI, S.L. and must strictly adhere to the instructions of the representatives of HISPANIA MARE SIGLO XXI, S.L. Damage that has not been notified will be considered entirely caused by the Client and therefore due and payable by the Client. ** not possible in the case of regatta rentals 4. VESSEL DELIVERY PROCEDURE The boat will be handed over on Saturday from 16:00. The boat must be handed over with full fuel and water tanks and is expected to be returned in the same condition as it was initially handed over. During the handover procedure, the Client must inspect the inventory together with the representative of HISPANIA MARE SIGLO XXI, S.L. and confirm the condition of the boat with his signature. The same procedure will apply to the on-board devices. No subsequent claims will be accepted, provided that during the handover procedure the good working order and complete equipment of the boat have been checked and signed. Possible hidden defects or deficiencies of the boat that could not have been foreseen by HISPANIA MARE SIGLO XXI, S.L. will not entitle the Client to claim a reduction in the price of accommodation. 5. REDELIVERY OF THE VESSEL (CHECK-OUT) The re-delivery of the vessel will take place on Saturday at the latest at 8:30 a.m. At the time of re-delivery of the vessel, the inventory items as well as the fuel tank must be checked. The Client undertakes to pay for the fuel consumed before re-delivery. If the fuel tank is not full, the Client will be charged for the missing fuel extended for the tank filling service, and for damages up to the amount of the security deposit, if they have been found during the inspection of the vessel. Otherwise, the security deposit will be returned to the Client. If the vessel is not returned to the agreed port of destination, the Client shall pay all costs of transporting the vessel to the port of destination designated under this contract and the penalty, as prescribed, for any delay incurred. Any delay in the delivery of the boat due to weather conditions will not be accepted, as it is necessary to keep the boat at an appropriate distance from the rental base during the last 24 hours of the accommodation period. Any delay of more than 1 hour will be charged at double the daily rate of the accommodation service, as well as the costs arising from the impossibility of delivering the boat on time to the next Client. The Client who wishes to extend their stay on board for any reason must notify HISPANIA MARE SIGLO XXI, S.L. to check the additional availability of the boat for accommodation and obtain the necessary documentation (charges for additional days, extension of the crew list, registration of foreigners at the Police Headquarters, Tourist Office, etc.). 6. LIABILITY OF CLIENT The Client undertakes to: - not hand over the boat to a third party. - not transport persons or goods for commercial purposes. - not accept on board the boat more passengers than those specified in the Crew Table. - the Client (tenant) shall guarantee his joint liability for all crew members. - notify HISPANIA MARE SIGLO XXI, S.L. of any change related to the number of crew or passengers that occurs during the period of the accommodation service. - comply with the legislation of the host country; - not participate in competitions and regattas without the prior written consent of HISPANIA MARE SIGLO XXI, S.L. - not operate the boat under the influence of alcohol or drugs. - do not leave the port if the wind force is expected to exceed 22 knots, or if the port authorities have already decreed a ban on leaving the port - carefully plan the navigation route so that 2 days before returning to the port of destination the vessel is at a distance of approximately 40 NM from said port. - do not carry out fishing and underwater activities without valid licences. - depending on the weather conditions, avoid unnecessary tension on masts, sails and ropes. - do not take any domestic animals on board (dogs, cats, birds, etc.). - empty septic tanks in the open sea, that is, at a minimum distance of 12 NM from the nearest land 7. LIABILITY OF HISPANIA MARE SIGLO XXI, S.L. HISPANIA MARE SIGLO XXI, S.L. shall be obliged to deliver the boat in good working order, clean and with the fuel and water tanks full. In the event of not being able to deliver the reserved boat at the agreed time plus a margin of 2 hours courtesy, the Client shall have the right to request the refund of up to 24 hours of delay, for an amount equivalent to one day of accommodation. In the event of a longer delay, the Client may claim an amount equivalent to the number of days of unavailability of the boat. Any liability of HISPANIA MARE SIGLO XXI, S.L. that exceeds the accommodation rate established here is excluded. HISPANIA MARE SIGLO XXI, S.L. shall not be liable for any delay caused by Force Majeure or adverse weather conditions. 8. COMPLAINTS The Client shall be entitled to make claims only in writing, signed personally by a representative of HISPANIA MARE SIGLO XXI, S.L. on the date of completion of the accommodation service. The Client may claim compensation at the time of departure from the accommodation only from HISPANIA MARE SIGLO XXI, S.L. If the Client's requests cannot be resolved at the time of departure from the accommodation, they must be submitted in writing within 2 days. Otherwise, they will not be taken into account. 9. CLOSING PROVISIONS Any dispute arising in connection with this contract that the parties have not been able to resolve amicably shall be resolved in accordance with Spanish law. The competent court shall be that of Spain.