Article 2. Validity of the rental
Signing the terms of agreement in question means that the LESSEE accepts them as valid and the LESSOR is bound to the obligations stated below only under the condition that the LESSEE will pay for the whole amount as stated above, in advance.
Article 3. Delivery
The LESSOR agrees to deliver the MOTORBOAT to the LESSEE clean and seaworthy, along with the full gear and basic equipment necessary for the MOTORBOAT, in perfect condition and ready to use at the starting point. The LESSOR has the MOTORBOAT insured by a third party for personal injuries, material damage and for causing sea pollution.
Article 4a. Delivery of the boat and delays
The LESSEE agrees to deliver the MOTORBOAT to the LESSOR at the predetermined delivery spot where they collected the MOTORBOAT from, with full equipment, on the same condition they received it, on the day and at the time that the terms of agreement stipulate.
If they do not deliver the MOTORBOAT on the indicated-by the terms of agreement in question day and at the indicated time they are obliged to pay 100€ for every hour of delay until the boat is delivered. If they leave the MOTORBOAT in a different spot than that of the pick up, they will be obliged to give to the LESSOR the total amount of expenses that will arise regarding the move and supervision of the MOTORBOAT to the delivery point proportionally as aforementioned to the number of hours needed for the transfer as well as for any other damage that is not covered by the insurance contract of the MOTORBOAT and that may arise until the delivery of the MOTORBOAT to the LESSOR.
Article 4b. Restrictions on the use of the MOTORBOAT and sailing restrictions
The LESSEE agrees not to use the MOTORBOAT for races, for towing other boats, for water sports or any other reason apart from the personal entertainment of the LESSEE and the entertainment of all the passengers unless there is an emergency. The number of passengers, including the LESSEE, should not exceed the maximum number of passengers allowed according to the sailing license of the MOTORBOAT.
The LESSEE is not allowed to sail in areas off the sea limits mentioned in the boat rental agreement in question and areas that are not indicated on the map which was provided to them upon the agreement and under no circumstances are they allowed to surpass the limits of 3 nautical miles from the starting point along the seashore or 3 nautical miles ashore.
Article 4c. Agreement on the towing of the boat
The LESSEE agrees to take every measure possible and every precaution to avoid resulting in the towing of the MOTORBOAT by other boats and in case this happens despite the LESSEE’S efforts, they will have to inform the LESSOR first in order to negotiate and reach an agreement in written form with the captain of the other boat regarding the cost of the towing of the MOTORBOAT before allowing it.
Article 4d. Restrictions when leaving the port
The LESSEE agrees not to leave the port or anchor in case the wind intensity is expected to rise above 5 degrees Beaufort or in case the port authority prohibits sailing.
Article 5. Acceptance of responsibility of the LESSEE of the MOTORBOAT during the renting period
The delivery of the MOTORBOAT to the LESSEE constitutes unquestioned acceptance, approval, and consent to every term of the agreement. The LESSEE before signing the terms in question has the right to examine the MOTORBOAT thoroughly as well as the equipment and the inventory list in order to be sure that everything works fine, apart from possible remarks made during the inventory whereas the signing of the terms of agreement in question by the LESSEE will be considered as acceptance of the MOTORBOAT, and it will henceforth be the LESSEE’S full responsibility and they will not have the right to claim damages for potential waste of time or money caused by accident, damage or malfunction of a part of the MOTORBOAT.
Article 6. Running costs and damage repair
After receiving the MOTORBOAT, fuel cost, repair for damages or any other shortage caused while the MOTORBOAT is under the responsibility of the LESSEE, and which are not the result of wear and tear are paid by the LESSEE under the condition that they will get the consent of the LESSOR beforehand regarding the technical suitability of the repairs to be done.
Article 7. Special conditions
The LESSEE, by signing the rental boat agreement, undertakes not only full responsibility but also the obligations as stated by the existing legislation regarding boat navigation according to article 3 of Decree Law 187/1973(Α261) as well as the responsibility to meet the provisions regarding marine traffic, circulation, and navigation-operation. The special conditions are fully accepted and constitute part of this agreement.
The LESSOR has the right to cancel the agreement in question and revoke the
MOTORBOAT rental in case they have reasons to believe that the MOTORBOAT is being used illegally or dangerously in relation to the passengers or the MOTORBOAT itself, without any obligation to return the amount paid by the LESSEE or with the right to claim it if not paid yet.
Additional conditions
In case of conflicting interests, the articles and terms of the agreement in question overrule everything else unless it is clearly written in a separate legal agreement between the LESSOR and the LESSEE. For any difference that may arise from this agreement the competent court will decide.
Damages and losses agreement
Broken or damaged propellor: 2000€ Cash or C.C fee plus 24% V.A.T (due to Inox metal propeller internal damage can also be done if crashed. Further inspection from a professional will be required.
Total damage budget could estimate between 2000 and €5000.)
Lost anchor 1000€ Cash or C.C fee plus 24% V.A.T
Out of fuel call/assistance: 500€ assistance service plus fuel delivery Cash or C.C fee plus 24% V.A.T
Broken boat gear: 500€ Cash or C.C fee plus 24% V.A.T
Broken skeg/gear box/lower engine fin: 8000€ Cash or C.C fee plus 24% V.A.T
Damaged hull: 5000€ Cash or C.C fee plus 24% V.A.T
Damage or puncture to inflatable rib tubes: 5000€ Cash (minimum estimation) or C.C fee plus 24% V.A.T minimum estimation
The LESSEE is responsible 100% for the safety of every passenger on THE MOTORBOAT.
LIABILITY WAIVER-BOATING LIABILITY RELEASE FORM
I understand that there are inherent risks involved with chartering/boat
rentals/snorkeling/ diving/ cliff diving/ water sports included but not limited to equipment failure, perils of the sea, acts of other participants, adverse sea and weather conditions, and I hereby assume such risks.
I understand that I have a duty to exercise, responsible care for my own safety and my passengers and I agree to do so.
I assert that I am physically fit to ride on a boat and that I will not hold the motorboat and Sea Kings and sea kings owner, Nikolaos Tzef Sarris with ID number AK 459839 or their employees, agents or other associated personnel responsible if I or my passengers are injured as a result of any problems (medical, accidental or otherwise) which occur while chartering the motorboat or otherwise participating in the trip.
I fully understand that the motorboat has limited medical facilities and in the event of illness or injury, appropriate care must be summoned by radio or call and treatment will be delayed until I or my passengers can be transported to a proper medical facility. I agree in advance to these conditions.
Sea Kings boat rentals, Nikolaos Tzef Sarris and the motorboat have made no representations to me, implied or otherwise, that they or their crew can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid I would like assistance and will not hold Sea Kings Boat rentals, Nikolaos Tzef Sarris or the motorboat, their crew or passengers responsible for their actions in attempting the performance of rescue or first aid.
I agree to forever discharge and release Sea Kings Boat rentals, Nikolaos Tzef Sarris or the motorboat and crew and agents from any and all responsibility or liability for any and all injuries or damages.
I agree not to make a claim against or sue any of the above parties for injuries or damages whether they arise or result from any negligence or other liability, even in cases of gross negligence.
I further specifically agree on behalf of myself, my heirs and assigns to indemnify and hold harmless the released parties for any and all causes of action arising as a consequence of any incidence which might occur as a consequence of my participation in any activities with or involving the released parties.
Greece
Tax office: Paros
TIN: 160315312
Tel: 6955279615