GENERAL CONDITIONS OF SALE AND RESERVATION

The parties that are linked through these conditions are Moana Smart Charter, SL With CIF B-16.520.561 and address in Santa Eulalia des Riu, Cap Martinet, 60 Bajo 6 – 07819 Ibiza (Spain), registered in the Mercantile Registry of Ibiza and the user of its website.

Please, read carefully the following rules that regulate the services that we offer in www.moanasmartcharter.com These conditions must be accepted to acquire the products and / or services of www.moanasmartcharter.com. This website has been created by Moana Smart Charter, SL for informational purposes and for professional use. Accessing this website accepts the following Terms and Conditions of Sale and Reservation. The access and navigation on this website implies accepting and knowing the Legal Warnings, Privacy Policy, Conditions and Terms of Use contained therein.

You can access our services and buy our products for individuals with sufficient capacity to contract. The data that must be incorporated into the form must be complete and true, reserving Moana Smart Charter, SL the right not to admit or terminate those who fail to comply with this requirement.

ORDERS AND RESERVATIONS

The products and / or services will be invoiced at the prices in force at the moment of confirming the order or reservation. Reservations will only be effective once the existing form for that purpose has been filled in on the website and 50% of the total amount has been paid for the means of payment authorized in this regard.

Once an order or reservation is confirmed, it can not be canceled or modified without express written confirmation from Moana Smart Charter, SL. In the case of modifying an order or reservation prices will be updated, if applicable.

For all contracted services, Moana Smart Charter, SL will ALWAYS send an email confirming the reservation made to the email address provided, which will specify the date and time of the reservation made. Without the receipt of said Confirmation, the Client CAN NOT CONSIDER THE RESERVE IN FIRM. And for this reason, the customer must ALWAYS ENSURE THE AVAILABILITY OF THE SHIP (verifying the receipt of conformity of the requested Reservation) and make the same in advance.

The languages in which you will be hired through this website are Spanish or English.

Our Customer Service is available to answer any questions or questions you may have regarding the status of your Reservation.

PAYMENT METHOD

In the prices of our services, the corresponding taxes are not included.

Reservations made through the Web are subject to the availability of the boat, so, in case of any occurrence with the Reservation of the ship, due to causes attributable to Moana SmartCharter, SL or third parties, once paid the signal of 50% of the amount of your rent, it would be returned immediately. Moana Smart Charter, SL will use the same means of payment that you would have used for the initial transaction, unless another means is expressly agreed upon. In any case, the customer will not bear any fee that may arise from said refund.

For your convenience, we facilitate the possibility of making your payments by means of a Credit Card. This form of payment is immediate, totally safe and verified by the secure servers of the different cards accepted in our payment gateway. In no case will the credit card information be revealed as the data is transmitted in an encrypted SSL (Secure Socket Layer). For payment with Visa and Master Card, only CES transactions (Secure Electronic Commerce) will be accepted. After verifying that the card is attached to the « CES » system, the system will contact the bank that issued it for the buyer to authorize the purchase. When the bank confirms the authenticity, the charge will be made on the card. Otherwise, the reservation will be canceled.

VISA, MASTER CARD, AMERICAN EXPRESS cards are accepted.

To make a reservation of the firm charter, 50% of the total amount will be paid. If this 50% of the total is not paid, the ship will not be reserved and therefore, we guarantee the right to cancel the request at any time. The second part of the payment depends on the reserved boat. On some boats, it must be done 15 days before departure. If you do not pay before departure, Moana Smart Charter, SL does not carry out the charter and the first payment of 50% of the amount will not be refunded. On other ships, the rest of the payment can be made on the same day of embarkation, just before boarding, but ALWAYS before sailing. Of course, you can check the payment terms in a personalized way, we will be happy to listen to you.

CONDITIONS OF CANCELLATION

If Moana Smart Charter, SL cancels the rental of the charter, will be returned immediately the full amount paid. If it should be canceled due to bad weather (decision of the ship’s captain), first, the charter will be changed during the day, if possible, taking into account the availability of the Client and the ship, with the same ship or similar (same conditions of price and capacity). In the event that it is not possible Moana Smart Charter, SL will return all the payment.

If canceled by the client, must pay the lessor the following percentages on the amount initially agreed:

  • With more than 1 month: 25%.
  • With more than 7 days and less than 30 days before the start date: 50%.
  • With less than 7 days before the start date: 100%

CONDITIONS OF CAPACITY

Each vessel has a maximum authorized passenger capacity and the Customer agrees to respect it. Before formalizing any payment, we ALWAYS inform you of the maximum number of passengers that can go on each ship. At the time of carrying out the charter, no more passengers than the maximum legal capacity allowed may enter the ship.

CLAUSES OF THE RECRUITING LEASE OF RECREATIONAL EMPLOYMENT WITH CAPTAIN:

FIRST.- Object.

That the LESSOR is charterer / owner of the BOAT OBJECT OF RENT: Model … registration …, whose name is … being the maximum number of people authorized to board … people.

SECOND.- Captain.

The boat is rented with a crew composed of …, with a navigation title: …

THIRD.- Duration.

The delivery of the vessel subject to this Contract will be made on the day … at … hours at the Port of … and its return on the day … at … hours at the Port of …

The planned navigation area will be: .. Ibiza and Formentera …

At the time fixed for the return of the vessel, the personnel and their luggage must be landed, leaving the vessel ready for review by the LESSOR who will initially hear the report of the Skipper. Subsequently, both parties will proceed to sign the revision document with the agreement or objections that may exist.

FOURTH.- Price.

The agreed price and services will be … € per day

Other Services per day: 0,00 Euros

TOTAL AMOUNT CONTRACT (VAT not included): … €

The payment method will be as follows: …

The price includes insurance and standard equipment.

They are not included: the expenses of provisioning, VAT, fuel, meals, fuel, and any other concept not specified.

Regarding the forms of payment:

Only payments can be made through the payment gateway of our website: www.moanasmartcharter.com.

FIFTH.- Delivery of the thing.

The LESSOR undertakes to deliver the boat in perfect working order and cleanliness in the Port … at the agreed date and time. At the time of delivery of the boat, the LESSEE will receive from the LESSOR the inventory with the details of the equipment and rigging that the boat has, which is delivered to it to give its agreement or repairs to it. In the same way, the general and particular conditions of the insurance policy of the vessel will be delivered.

The boat will be delivered at the indicated port. The delay in the withdrawal of the LESSOR from the vessel due to causes attributable to it, will not determine the extension of the lease term.

If, due to weather conditions of force majeure, navigation were impossible, the shipowner would make an effort to change the departure date to another day available.

SIXTH.- Withdrawal.

In the event that the LESSEE, for any reason, cancels this contract, it must pay the lessor the following percentages on the initially agreed amount:

  • With more than 1 month and less than three before the start date: 25%.
  • With more than 7 days and less than 30 days before the start date: 50%.
  • With less than 7 days before the start date: 100%

In the event that the LESSOR for any circumstance, unrelated to a breakdown or repair on the ship, cancel this contract, must pay the tenant twice the signal received as a reservation.

SEVENTH.- Destination and conservation.

The vessel that is the object of this contract will be used for recreational sailing, and can not be used to carry out commercial or lucrative operations.

THE LESSEE agrees to use the boat as if it were his property according to the rules of the good navigator and with respect to the rules of the Navy Command. The LESSEE shall be obliged to maintain the leased vessel in good condition of use, as well as all existing installations.

Under no circumstances may the government of the vessel be transferred to a person other than the one designated in the contract.

THE LESSEE undertakes to transport on board the leased vessel only the authorized number of persons.

THE LESSEE undertakes not to leave the boat moored, or anchored, without any person on board, in rada, or unprotected waters and that does not require payment of mooring rights. Likewise, the lessee will use and take care of the boat received and all its accessories following the good marine practices and will put all the means so that there are no losses, accidents or breakdowns.

EIGHTH.- Insurance.

The boat has an insurance policy contracted with … with coverage for accidents both from the boat itself and from civil liability and from occupants with the specified limitations, under the general and specific conditions of the policy.

NINTH.- Extension of the contract.

In the event that the LESSEE wishes to extend the rental period, it may do so with the prior consent of the LESSOR and agreeing new conditions for the period of the extension.

TENTH.- Deposit.

Deposit: … €

If it had been agreed to receive bail by the LESSOR before boarding, this would serve to respond to any damage, loss, theft or theft of any object not covered by the insurer, or the delay in the return of the boat. However, if the amount resulting from any of the indicated cases exceeds the amount of the deposit, the LESSEE will be obliged to pay the difference. The deposit will be returned to the LESSEE once the condition of the boat has been verified and the inventory and repair have been made, if applicable.

ELEVENTH.- Sublease.

Subletting is not allowed, the LESSEE committing to use the boat only for himself, family, friends or personal, which in total may not exceed the number of people for whom the boat is dispatched.

TWELFTH.- Resolution.

If this contract was terminated for reasons attributable to the LESSEE, the LESSOR would lose the amount previously paid for the rental of the vessel and would be obligated to pay the amount pending entry. The LESSOR may terminate this contract in the event that for reasons beyond its control could not make available to the LESSEE the vessel hired on the date to be delivered, in such case the LESSOR will reimburse the LESSEE the amount delivered on account. In no case may the LESSEE require the LESSOR to compensate for the unavailability of the vessel subject to this contract.

THIRTEENTH.- Jurisdiction.

For the resolution of any questions that may arise as a result of this contract, the parties agree to submit to the Courts and Tribunals of Ibiza, expressly waiving any other jurisdiction that may apply.

PRACTICAL TIPS

The 7 commandments to be a good crew member:

  • I will not clog the toilet. I will not throw paper, cotton, hygiene items since I will end up clogging the toilet and the charter company will penalize me with a « fine » for the damages caused and delays for the next charter.
  • I will control the water consumption. In a boat it is scarce and very precious. We must be measured in the consumption of fresh water, it is preferable to consume in moderation, than having to enter the port to refuel because we have run out of water when we need it most.
  • I will always use mineral water for drinking and cooking, leaving the deposit for personal hygiene and cleaning.
  • I will not waste electricity since I will be able to find a serious problem in the middle of a small island, frustrating my vacation days.
  • I will ply generously. The anchor is not enough to « hold » the boat; You have to be generous by throwing a chain.
  • I will take care of the boat as if it were mine. It must always be kept in mind that at the check-out, the charter company will be able to discount all damages caused by the deposit delivered at the start.
  • I will not leave the ship anchored, catamaran, yacht or sailboat without leaving a responsible on board the ship. Nobody likes to stay on the boat while the rest enjoy it outside but when a boat is left careless it will almost always end up on the rocks crashed and most of the insurances are not responsible for the unmanned crashes on board the ship.

Food on board the ship

You are going to be on vacation. If it is only a day charter, please contact us if water, ice and soft drinks are included. In the case of being included, you will only have to take care of the snacks, fruit or snacks that you want to take on board to snack. You can also provide us with the snack list in advance and we will buy it for you. If you are only going to spend a day by boat, we recommend you to enjoy any of the restaurants that we recommend. If you are going to be several days on board we would like to give you some tips to help you with the organization of the food:

  • Make the purchase for the whole week before sailing with the boat. It is cheaper and more comfortable. We can advise you on the supermarkets closest to the port. If you provide us with the shopping list in advance, we can arrange for you to have everything ready when you arrive on the ship.
  • Choose foods that are easy to prepare, such as pasta, salads, cold cuts, snacks, etc.
  • Avoid perishable products (meat and summer fruits) and voluminous (melons and watermelons).
  • Do not buy drinks in glass containers, nor in 2 liters size. The mineral water in 1.5 liter bottles and the rest of the drinks in aluminum cans. Calculate 2 liters of water per person per day.
  • Do not forget kitchen and hygienic paper, detergent for dishes, cloths, clothespins. If you do not want to wash dishes the best option is disposable, but remember to always recycle.

Clothes on board.

We list the one we consider necessary:

  • Footwear with white sole for walking on deck and rubber flip-flops for harbor showers.
  • Do not forget some garment that shelters a bit for night sailing and that is waterproof.
  • Take some light raincoat.
  • We always put some bath towels, but it never hurts to bring some of yours.
  • High protection sun cream, because they will be many hours in the sun.

Life inside

An essential requirement in boats, sailboats and catamarans is the order, both inside (personal effects in common spaces, cleaning …) and on deck (creams, towels, cameras …). In navigation it is advisable to put everything in its place, to avoid falls and breaks and that the boat becomes a chaos.

In the kitchen:

  • Never cook in a swimsuit, you could burn yourself with any sudden movement of the boat that moves what you are cooking outside the stove.
  • Never leave anything in the fire unguarded.
  • Always use tall pots to heat liquids, so you will avoid spills in the event of any swaying of the boat.
  • We will warn the « cook » if a wave is approaching, even if we are in a quiet cove (a jet ski that passes close to the boat can produce a wave enough to spill what you are cooking and ruin your lunch or evening).

Life on deck:

  • Do not wear shoes with black rubber soles, which will leave the entire floor full of marks and avoid getting on board other boats with street shoes. We recommend that you wear t-shirts or similar on the deck, to avoid bumping your fingers, especially while maneuvering.
  • Avoid getting wet inside to prevent possible slips.
  • Whenever you move around the deck try to keep a hand on the guard rails or any fixed element.
  • Be careful with mobile phones and other electronic devices on the deck since an untimely wave can kill them. There are airtight covers for the phone that hang around the neck and come great for these cases.
  • When entering port try to keep the deck as clear as possible to facilitate mooring maneuvers.
  • We want to remind you, with our best intention, that the boats suffer constant and small breakdowns. We ask for your patience, education and understanding before any complication and you will obtain a quick and effective response from us.

CUSTOMER SUPPORT

For any question or suggestion you can always contact our Customer Service by phone, by calling (+34) 686 146903, or send us an email to the following address: info@moanasmartcharter.com

CLAIMS

For any claim you can contact the email info@moanasmartcharte.com and we will assist you as soon as possible.

INTELLECTUAL PROPERTY

All the information contained in the web, as well as its graphic design and the codes used, are protected by copyright or other rights of protection contained in Royal Legislative Decree 1/1996, of April 12, which approves the Consolidated Text of the Intellectual Property Law. These rights belong exclusively to Moana Smart Charter, SL, therefore, any act of reproduction, distribution, transformation or public communication is expressly excluded, as well as any type of assignment, of all or part of the content of this site, and in general of any object that according to the current legislation is protected by the rules of intellectual property.

Moana Smart Charter, SL reserves the right to unilaterally modify the conditions and terms of use of this page. Any modifications will be announced conveniently. The entry into force of the modifications of the conditions of use will occur from the moment of its publication on this page.

TYPOGRAPHICAL ERRORS

All the information published by Moana Smart Charter, SL in any advertising support, own or of third parties, especially those referring to banners, electronic communications by e-mail or any other, and containing typographical errors either involuntary or by manipulation of third parties , they lack all value, and in case of doubt it is recommended that users confirm the data through personal channels of Moana Smart Charter, SL such as mail or telephone.

TRADEMARKS

All brands, logos and anagrams shown on this site are owned by Moana Smart Charter, SL. It is expressly forbidden to use, without prior consent, any element of the website that is subject to protection in accordance with the legislation in force regarding industrial property. In particular, brands, trade names, store signs, names, logos, slogans or any other distinctive sign belonging to Moana Smart Charter, SL may not be used without the written permission of Moana Smart Charter, SL.

TAXES

The price of purchases made from the European Union, includes the Value Added Tax (VAT) in effect at that time.

Reservations made from a country that is not a member of the European Union, including the Canary Islands, Ceuta and Melilla, may be subject to customs duties, taxes and tariffs that may be established and, where appropriate, must be borne by the buyer.

Moana Smart Charter, SL may periodically update the prices of products and services that are duly published on its website.

The invoice for the services rendered will be delivered once the full amount of the services provided has been paid. In case you want electronic invoicing, please contact Moana Smart Charter, SL via email info@moanasmartcharter.com