Terms of use

CONDITIONS OF SALE

Rental of jet skis without nautical license

This contract is subject to the following clauses:

1 . The lessee under his responsibility:

a) That he/she is at least 16 years of age.

b) That he/she considers him/herself in good physical and mental condition to drive the rented jet ski, and that it has been delivered to him/her in the proper conditions of use.

2 . The lessee declares and accepts

a) To have received adequate instructions for the handling of the jet ski, and also to have received the life jackets for safety; knowing that their use is compulsory.

b) To have examined the Jet Ski and found it to be in perfect working condition, equipped and undamaged.

c) The Jet Ski must be returned in the same place where it was delivered and exactly at the end of the contract period and in the same conditions as it was delivered. In case of damage or breakdown due to carelessness, not obeying the instructions of the instructor or misuse of the jet ski, the lessee will be responsible for the payment of the repair of the damage caused to the vehicle.

d) The lessee is the only person authorized to drive the Jet Ski and under no circumstances will he/she allow any other person to drive it.

3 . Under no circumstances may the lessee claim from the leasing company, its employees or managers, nor from the insurance company of the leasing company or its employees or managers, for any damage and/or personal injury suffered by the lessee as a result of the use or tendency of the leased vehicle.

4 . The lessee undertakes to comply with the following safety regulations:

a) In the canals: when leaving and entering, drive at less than 3 knots.

b) It is not allowed to navigate in the area parallel to the coast at a distance of less than 200 meters.

c) The distance between each jet ski is at least 100 meters.

d) It is forbidden to sail one behind the other, if the distance is less than 100 meters.

e) Changes of direction shall be made with a minimum distance of 200 meters between any obstacle or floating vehicle, always respecting the regulations to prevent collisions at sea as amended. COLREG-72

(f) Check the position of other vehicles under way before making changes of direction.

(g) The angle of turn must always be related to the speed of the motorbike, the sea state or the experience of the driver. At high speed, do not turn sharply.

h) Do not accelerate or turn in channels.

i) The lack of brakes on jet skis and the small surface area in contact with the water must be taken into account, which means that a large stopping distance must be maintained.

j) These rules must be followed: - Reduce speed if a vehicle is encountered within a minimum radius of 100 meters. - Reduce speed completely when within 200 meters of any point on the coast, be it a harbor, beach, breakwater, rock, etc. - In the event of a capsize, the jet ski must be returned to its initial position, as quickly as possible and following the rules written on the stern of the jet ski.

5 . Listen and obey the instructions of the instructor, otherwise the deposit will not be refunded.

6 . Failure to comply with the written rules will result in the immediate withdrawal of the jet ski and the loss of the deposit. Both parties hereby draw up the present contract, affirming and ratifying its entire content, signing it at the place and on the date stated above.

7.1 Any booking that is cancelled more than 14 days in advance will result in the amount paid being deposited so that you can carry out your activity on another date or for a change of activity. This option is valid for 12 months from the date of the activity initially chosen. Date changes will be accepted with a minimum of 5 days’ notice.

7.2 The lessee must be at our facilities 15 minutes before the time at which he/she has booked the activity - it is compulsory to present the booking ticket. The booking time is approximate and may vary due to technical reasons or bad weather conditions.

7.3 In the event that the lessee decides to return before the scheduled end time of the rental, no refund will be made.

7.4 Failure of the lessee to arrive at the scheduled time (15 minutes before the reservation time) will result in the loss of the scooter rental and no refund will be made.

7.5 Cancellation of the booking due to weather conditions is the responsibility of the rental company and will always be for reasons of safety at sea. In this case, the lessor will provide a voucher valid for 12 months to make the rental on another date.

7.6 The lessee acknowledges and accepts that, due to adverse weather conditions, unforeseen technical problems or organizational difficulties, jet ski rentals may be subject to delays in delivery.

7.7 In the event of delays of less than 1.5 hours in relation to the agreed delivery time, the lessee is not entitled to claim any refund or compensation from the Rental Firm.

8 . In case of breakdown due to mechanical wear and tear, or other causes not attributable to the lessee, the contract will be terminated and the lessee may reserve a time slot with the rental company, depending on availability, to carry out the remaining time that he/she could not enjoy the rental.

If the lessee does not wish to rent again with the remaining time, the amount paid minus the time used will be refunded. The amount of the time used will be calculated on the rates for that time. For example, if the rental was for 2 hours and the hirer used 30 minutes, the 30-minute rate will be applied and the difference will be refunded.

“In accordance with the provisions of Organic Law 15/1999, of 13 December, on the Protection of Personal Data (LOPD), we inform you that the data provided will be included in a file owned by ROSES STYX S.L. for the purpose of administrative, accounting and tax management and to send you commercial communications about our products and services. I also declare that I have been informed of the possibility of exercising my rights of access, rectification, cancellation and opposition of my data at the fiscal address of ROSES STYX S.L. located at AVENIDA NORD 53 - 17480 ROSES - GIRONA”.

Rental of boats and jet skis with nautical qualifications.

SCHEDULES:

½ day (4 h): 9 h - 13 h or from 10 h - 14 h // 14:30 h - 18:30 h or from 15 h - 19 h

1 day (8h): 9:00 am - 5:00 pm or 10:00 am - 6:00 pm

Failure to arrive at our premises more than 1 hour and 30 minutes after the scheduled rental time without prior notice will entitle Roses Styx SL to consider your reservation as cancelled.

Roses Styx SL (hereinafter referred to as the lessor) rents to the person identified as the holder of this contract (hereinafter referred to as the lessee) the boat referred to in the contract (hereinafter referred to as the boat) in accordance with the clauses and conditions contained in this document, in the annexes thereto (if any) and at the rate agreed in the rental contract.

ARTICLE 1. USE OF THE BOAT

1.1 The lessee undertakes to use and steer the boat as if it were his own property, according to the rules of good seamanship and in compliance with the regulations of the Merchant Navy.

1.2 Only the person identified as the owner in the rental contract is authorized to steer the boat and he/she must return the boat at the place and on the date established by the lessor.

1.3 It is expressly forbidden

a) To tow any boat or any object.

b) To participate in regattas, sporting competitions and other events.

c) To steer the boat under the influence of alcohol, narcotics or any other type of narcotic substances or substances that diminish or alter the capacity of the individual.

d) Transporting goods that infringe the law or the legal provisions in force in Spain, or for illicit purposes.

e) Transporting more passengers than the number authorized and indicated in the rental contract.

f) Navigate outside the authorized area, in accordance with the classification of the vessel.

g) Mooring the boat on a buoy that is not for public use.

h) Leaving the boat moored or anchored without any person on board in a roadstead or unprotected waters.

1.4 It is the lessee’s obligation to stop and secure the boat as soon as possible when any of the lights that detect an anomaly in the operation of the boat illuminate on the instrument panel, or when he perceives external signs that indicate a breakdown or malfunction of the boat. In this case, the lessee must contact the lessor and follow his instructions.

1.5 Any damage of any kind that the lessor may suffer as a result of non-compliance with the conditions set out in these articles and/or use other than that agreed, authorizes the lessor to withdraw the boat from the lessee and to invoice and collect from the lessee the duly justified amounts corresponding to the repair of said damage.

1.6 The lessor may unilaterally terminate the rental contract and withdraw the boat from the lessee if he finds that the lessee is in breach of these articles.

ARTICLE 2.

2.1 The lessee undertakes to pay to the lessor:

a) The amount of the removal and/or repair of the damages of the boat caused by the use of inadequate fuel.

b) The amount of the damages and/or subtractions suffered totally or partially in the boat, as well as the transfer costs and an indemnity for the immobilization of the boat, estimated according to the number of days necessary for its repair and according to the corresponding invoice and calculating one day for every eight hours of work.

c) The amount requested by a third party for salvage, regardless of the causes that have led to the need for such salvage.

d) The amount corresponding to fines or penalties for any infringement of current and applicable legislation that the lessee may incur in the use of the vessel covered by the rental contract, as well as the corresponding surcharges for late payment by the lessee and the judicial or extrajudicial costs that may be incurred.

2.2 The lessor may withdraw the deposit established when renting the boat to cover the costs arising from non-compliance with the rules of this contract. This deposit will be returned upon payment of the expenses if they are lower than the deposit. In the event that they are higher, it shall be understood as a payment on account of the outstanding invoice.

ARTICLE 3. CONDITION OF THE BOAT

The lessor delivers the boat in good apparent working order and in a good state of cleanliness and interior. It is the lessee’s obligation to maintain the rented boat and all the installations on it in a good state of use.

It is the lessee’s obligation to check the condition of the rented boat and its accessories and to confirm the condition with the lessor.

The lessee is responsible for any damage or harm caused to the rented boat and for the loss of any of its elements, as well as for any delays caused by the lessee in the delivery of the boat.

The boat will be returned with the complete safety equipment (waistcoats, paddles, fire extinguishers, etc.) which must have been checked by the lessee.

All accessories rented to the lessee shall be returned in perfect condition. Otherwise, the lessor may use the deposit of the lessee to cover the costs of repair or replacement of these.

ARTICLE 4. BOAT INSURANCE

4.1 The rental rates include compulsory civil liability insurance, plus insurance for injury or death of the occupants.

4.2 These covers are guaranteed and are assumed by the insurer with whom the lessor has taken out the corresponding insurance policy, and are subject to the terms and conditions agreed in the general or specific conditions of the same, and to the regulations of the legislation in force.

4.3 By signing the rental contract, the lessee adheres as insured to the aforementioned policy, a copy of which is available for consultation.

4.4 This policy does not cover damage, loss or any other damage to personal belongings or objects transported on board the boat, or damage to the boat due to theft, vandalism and/or accident of any nature whatsoever.

4.5 The lessee, in the event that any member of his crew or he himself suffers an accident on board the vessel, must inform the lessor, by means of a written accident report, of the causes, circumstances and consequences of what happened, as well as, if known, the name, surname and address of the person who caused the accident and of the witnesses, and also the names and addresses of the injured parties, if any. For the purposes of this contract, accident shall be understood to be any fortuitous, spontaneous, external, violent or independent of the will of the person who suffers it and which occurs to any of the occupants of the vessel.

ARTICLE 5. MAINTENANCE AND REPAIRS

5.1 In the event that the rented boat suffers a breakdown once the boat has been delivered, the lessee reserves the right to withhold the deposit within 48 hours in order to establish the reason for the breakdown by a technician.

5.2 Once the reason for the breakdown has been established, a distinction is made between two cases:

a) When the breakdown is caused by mechanical wear and tear or by causes not attributable to the lessee, the rental contract will be terminated and the lessor will return to the lessee the amount of the rental corresponding to the period of time that the lessee has not been able to enjoy the boat due to the breakdown. The amount to be refunded will be calculated according to the rate of the time enjoyed minus what the client paid. For example, if the rental was for 8 hours and the lessee enjoyed 4 hours. The 4-hour rate will be applied and the difference will be refunded. The fuel used during the period in which the boat has worked properly will be charged to the lessee.

b) When the breakdown is due to causes attributable to the lessee, the contract will be terminated and the lessee will have to pay for the repair costs and the fuel consumed. Under no circumstances will the rental amount be refunded.

5.3 If on the day of rental, the rented boat suffers an unexpected breakdown before departure or an error is made in our reservation system, the lessor will refund the rental amount paid by the lessee to the lessee. The Rental Firm cannot claim any compensation for this reason.

5.4 In the event that the hirer has to come to the rescue of the boat due to an error, carelessness or negligence on the part of the hirer and not due to a fault of the boat, the hirer must pay for the service offered (travel to the rescue of the boat) to the value of 150 euros.

ARTICLE 6. FUEL

6.1 The fuel consumed by the boat during the rental period is at the expense of the hirer. Except in the case of boats where the rental price includes fuel.

6.2 The lessee must refuel the boat with the correct type of fuel. Otherwise, the lessee shall be liable for the costs incurred for the removal and repair of any damage that may have occurred to the boat due to the use of unsuitable fuel.

6.3 The lessee undertakes to return the boat with the same level of fuel as delivered to him. Otherwise, he will be invoiced for the missing fuel plus an additional refueling service charge. The lessee is obliged to check that the tank is full before departure.

ARTICLE 7. CANCELLATION POLICY

7.1 No refunds will be given for bookings cancelled less than 14 days prior to the day of departure. Date changes will be accepted with a minimum notice of 5 days.

7.2 Cancellation of the booking due to weather conditions is at the discretion of the rental company and is always for reasons of safety at sea. In this case, the lessor will provide a voucher valid for 12 months to make the rental on another date.

7.3 In case the lessee returns the boat before the scheduled delivery time, no credit will be given.

7.4 In case the lessee returns the vehicle more than 14 minutes late for rentals up to 3 hours and 29 minutes late for rentals from 4 to 8 hours, an additional supplement will be charged at the rate stated in the contract.

7.5 The lessee acknowledges and accepts that, due to adverse weather conditions, unforeseen technical problems or organizational difficulties, jet ski rentals may be subject to delays in delivery.

7.6 In the event of delays of less than 1.5 hours in relation to the agreed delivery time, the lessee is not entitled to claim any refund or compensation from the Rental Firm.

7.7 In case of a multi-day rental and if during any day of the rental period there are adverse weather conditions that prevent safe sailing, the affected days are not eligible for a refund. The lessee accepts that weather conditions are unpredictable and that the lessor will not be liable for rental days affected by bad weather.

ARTICLE 8. APPLICABLE LAW AND JURISDICTION

8.1 This contract shall be governed by and construed in accordance with the laws of the country in which it has been signed.

8.2 Questions arising from this contract between the lessor and the lessee are subject to the jurisdiction of the Spanish courts and tribunals, to which both parties submit.

8.3 For the solution of any litigious matter arising from this contract, the parties submit to the institutional arbitration of the Arbitration Court of Girona of the “Associació de les Comarques Gironines per a l’Arbitratge”, which is entrusted with the appointment of the arbitrator and the administration of the arbitration, being obliged from now on to comply with the arbitration decision.

ARTICLE 9. PRIVACY POLICY

Rose Styx, S.L. through its website ‘www.aventuranautica.com’ requests certain personal data from the User. The data supplied by the User will be incorporated into an automated personal data file, owned by Roses Styx, S.L., which will be processed in order to provide the services requested by the User. The User authorizes the automated processing of the personal data supplied, necessary for the provision of the agreed services.

The personal information collected from registered customers is stored in a database owned by Roses Styx, S.L., which assumes the measures of a personal nature. which assumes the technical, organizational and security measures that guarantee the confidentiality and integrity of the information in accordance with the provisions of Organic Law 15/1999 of 13 December, on the Protection of Personal Data, and other applicable legislation.

Roses Styx, S.L., through its website, will use the data supplied by the User internally to inform the User of offers and promotions that it may consider to be of interest to him/her.

The user accepts that his/her personal data may be transferred to other companies (hotels) of the group to which Roses Styx, S.L. belongs, as well as to others with which it concludes collaboration agreements for the sole purpose of providing a better service, respecting in all cases the Spanish legislation on the protection of personal data.

Roses Styx, S.L., through its website, will use cookies when the User browses the website www.aventuranautica.com. The cookies are only associated with an anonymous User and his or her computer and do not provide references that allow the name and surname of the User to be deduced. Thanks to cookies, it is possible to recognize registered Users after they have registered for the first time, without them having to register on each visit to access the areas and services reserved exclusively for them. The User has the option to prevent the generation of cookies by selecting the corresponding option in their browser.

Any registered user may at any time exercise the right to access, rectify and, where appropriate, cancel their personal data supplied on the website www.aventuranautica.com, by means of written communication addressed to Roses Styx, S.L., Avda Nord 53, Roses - Girona (Spain), this communication may also be made by sending an e-mail to the address: info@styxmotor.com.

Nautical activities

The user must be at our facilities 15 minutes before the time at which he/she has booked the activity. It is compulsory to present the booking ticket.

Any booking that is cancelled more than 14 days in advance will mean that the amount paid will be deposited so that the activity can be carried out on another date or for a change of activity. This option is valid for 12 months from the date of the activity initially chosen.

A cancellation requested less than 5 days in advance or the non-presentation at the time of the activity will result in the loss of the activity and the amount paid.

Aventura Nàutica reserves the right to cancel or delay the time of the activity for technical, meteorological or logistical reasons.

The cancellation of the booking due to weather conditions will be the responsibility of Aventura Nàutica and will always be for safety reasons at sea. In this case, Aventura Nàutica will provide a voucher valid for 12 months to carry out the activity on another date.