1. DELIVERY AND PICK-UP: The boat will be delivered at the port established according to the reservation and must be returned to the same place. Delivery and pick-up times are indicated in the contract.
2. CERTIFICATIONS: Possession of the appropriate nautical certification for the type of rented boat is required and must be presented at the time of boat pickup. It is the client’s responsibility to ensure they hold the required license for the boat they intend to rent. If the required license is not presented, the rental fee will not be refunded.
3. INSURANCE: The rental price includes comprehensive insurance with deductible, depending on the boat size: €444 for boats up to 6m, €785 for boats up to 7m, and €1,110 for boats up to 10m.
The price also includes the mandatory civil liability insurance, governed by Decree 607/1999, BOE 30/04/1999. IMPORTANT: Insurance does not cover:
- Damage or loss of personal belongings. Damage or loss of non-structural components such as cushions, fenders, propellers, upholstery, and anchoring equipment. The customer is fully responsible for any damage or loss of these items.
- The insurance will never cover the full extent of damage to the vessel, and the renter is responsible for paying the deductible. Additionally, insurance does not cover damages caused by bad faith, negligence, or improper use of the vessel.
- Insurance does not cover activities involving towing such as banana boats, donuts, inflatable rings, parasailing, water skiing, wakeboarding, or similar. The renter accepts full responsibility for the use of such equipment and any resulting consequences.
If the boat is misused, mishandled, or used recklessly by the customer or any passengers, the customer will assume full and exclusive responsibility for any resulting damage or harm, as well as all costs of repair, replacement, or other related expenses, releasing the Lessor from any liability.
4. RESERVATIONS and CONTRACT: To make the boat reservation effective, the client must pay at least 50% of the total rental amount.
The remaining amount of the rental must be paid before check-in.
If, for any reason, Projectes i Serveis Empordà S.L.. is unable to carry out the planned rental, it undertakes to return the amounts paid in advance, without any further liability.
5. CANCELLATION POLICY / CANCELLATIONS:
Cancellations must be communicated to the company in writing by email to info@costabravaboats.com.
In the event that the client cancels their reservation for personal reasons, they will be required to pay the following amounts as compensation:
- Cancellations with a minimum of 15 days notice: 5% of the rental amount as a management fee.
- Cancellations between 14 days and 48 hours before the date of the activity: 50% of the total rental amount.
- Cancellations less than 48 hours before the date of the activity, the client will be charged the full amount of the rental of the reserved activity.
- Reservations will be cancelled if the client does not appear after 2 hours from the start of the rental without prior notice. The client will be charged the full amount of the rental of the reserved activity.
- In case of bad weather that prevents safe sailing and is confirmed on the same day of the rental by the Costa Brava Boats team, the activity can be rescheduled for another available day in the same season. If the client cannot find an alternative date, unfortunately no refund will be made. Only in cases where the Red Flag extra service has been paid, the full rental price will be refunded minus the amount of the Red Flag extra service. (This service is only applicable for day or half day rentals).
- In case of rentals of more than one consecutive day, the activity cannot be rescheduled and the rental amount will not be refunded for weather conditions or for any other reason.
6. SECURITY DEPOSIT:
The client must deposit a security deposit of €500.00 for boats up to 5m in length, a deposit of €700.00 for boats between 5m and 7m in length, and a deposit of between €1000 and €1200 for boats over 7m in length.
The security deposit is necessary to protect against damage, loss of objects, accessories or delay in returning the boat. If the associated costs are higher than the security deposit, the client must pay the difference. The security deposit will be withheld until the cost is verified or if it is covered by the insurance.
The deposit covers potential damages, lost items, accessories, or late return. If associated costs exceed the deposit, the customer must pay the difference. The deposit will be held until the costs are verified or covered by insurance.
The deposit will be refunded within 24–72 hours after checking the boat’s condition and inventory.
Boats must be returned clean. If not, a cleaning fee of €100/hour will apply.
- The boats must be returned in the same state of cleanliness in which they were delivered. Otherwise, the client must pay for the cleaning service valued at €100.00/hour.
7. SUPPLIES/FUEL:
The boats are delivered with the tank full and must be returned with the tank full of fuel. If the tank is not returned full, the consumed part will be charged and a penalty of €80.00 will be applied.
8. BREAKDOWNS:
In case of breakdown, collision or loss of material, the lessee must immediately notify the lessor who will inform them of the instructions to follow. The boats are delivered in perfect condition.
If during the rental a very serious breakdown occurs, not attributable to the lessee, which does not allow the rental to continue, Projectes i Serveis Empordà S.L.. will reimburse the contractor for the hours not sailed or will deliver a boat with similar characteristics to the one contracted, according to availability.
In the event that the breakdown or accident is attributable to the responsibility of the contractor, the contractor must pay the costs of towing and the necessary repairs to leave the boat, motor or accessories in the state in which they were delivered by the company at the beginning of the rental contract; Only Projectes i Serveis Empordà S.L.. is authorized to carry out these repairs, and will not be responsible for any repairs not carried out by its personnel. In this case, the client will not be entitled to any refund from Projectes i Serveis Empordà S.L... for the days not sailed.
9. PROHIBITIONS:: It is totally prohibited to:
- Exceeding the allowed and recommended navigation limits: For boats that do not require a license: a maximum of 2 nautical miles from the port of departure. For boats up to 9 meters in length (with license): a maximum of 12 nautical miles from the port of departure and 2 nautical miles from the coastline.
- Carrying more passengers than permitted in the vessel’s official documentation.
- Subleasing or subcontracting the vessel.
- Violating navigation regulations, including those applicable in protected areas (such as anchoring in restricted zones, discharging waste, or disturbing wildlife).
- Mooring to a buoy that is not supervised and/or authorized by the Directorate General of the Merchant Marine.
- Beaching the vessel or accessing the beach without using an authorized, marked channel (only permitted in case of emergency or force majeure).
- Operating the vessel without the corresponding license, or doing so under the influence of alcohol or drugs, even if licensed.
- Navigating at night or without daylight. The vessel must always remain overnight at the base port, unless otherwise agreed in advance by both the renter and the owner.
- Engaging in any kind of reckless or dangerous navigation, such as exceeding speed limits in restricted zones, ignoring navigation rules or maritime signals, racing with other boats, or performing sudden or risky maneuvers near other vessels or people.
- Bringing weapons or illegal substances on board.
- Transporting goods or paying passengers, engaging in commercial fishing, or participating in regattas.
- Any other activity not included above that is prohibited by law.
Failure to comply with any of the above prohibitions or any misconduct, even if not explicitly listed here, will result in the total loss of the security deposit and may lead to claims for damages.
10. RESPONSIBILITIES / OBLIGATIONS:
In case of non-compliance with the regulations established by Customs and the Navy, the only person responsible before the law will be the contractor. Negligence in the use of the vessel in violation of current legislation will be sufficient grounds to immediately invalidate the contract, with the amounts paid remaining as compensation in favor of Projectes i Serveis Empordà S.L..
In case of a sanction by law enforcement officers during the rental activity, the contractor will be solely responsible for its payment, exempting the lessor from any liability.
11. DELAY: If the boat is returned after the agreed time, the client must pay an additional full day’s rental fee.
If the boat is not returned within 2 hours after the end of the contract and no communication has been made, a search operation will be initiated, and authorities will be informed. The renter will bear all associated costs.
12. BOAT EQUIPMENT:
Life jackets (1 per person). Anchor and anchor rope. Set of flares, signal mirror. Acoustic alarm. Bilge pump. National flag. 4 fenders. Sunshade awning. Fire extinguisher. Boat hook. Approved first aid kit Z.3, 1 radar reflector
13. PROTECTION OF PERSONAL DATA
In compliance with Regulation (EU) 2016/679, regarding the protection of personal data (GDPR), and Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights (LOPDGDD), PROJECTES I SERVEIS EMPORDÀ, SL have adopted the necessary technical and organizational measures to ensure the security, integrity, and confidentiality of personal data. For the purposes of complying with Article 12 of the GDPR, we inform you that the data of the client’s representative, as well as those of the persons designated by the client to maintain contact PROJECTES I SERVEIS EMPORDÀ, SL., will be processed with the aim of providing the contracted services and managing the contractual relationship with the client, in accordance with the Privacy Policy of PROJECTES I SERVEIS EMPORDÀ, SL., which can be consulted at www.costabravaboats.com. PROJECTES I SERVEIS EMPORDÀ, SL., expressly state that they will refrain from any type of processing of the personal data they have as a result of the execution of this contract for purposes unrelated to its objective. Similarly, they commit not to transfer the data to third parties, except in cases where there is a legal obligation to do so or it is necessary to fulfill the purpose of the processing; to apply the security measures established in Article 32 of the GDPR; to adopt the necessary security measures to ensure an appropriate level of security for the risk associated with the data processing they perform; and to implement mechanisms that ensure the confidentiality, integrity, availability, and permanent resilience of the processing systems and services. The parties acting on behalf of the client may exercise their rights of access, rectification, deletion, objection, and restriction regarding their personal data, as provided in Articles 15 to 22 of the GDPR, by contacting PROJECTES I SERVEIS EMPORDÀ, SL, at the address Ctra. C-31 Km 347, 17257 Gualta (Girona)
14. RESOLUTION OF DIFFERENCES:
For the resolution of any dispute, the parties waive their jurisdiction and domicile, if any other, and submit, purely and expressly, to the jurisdiction of the courts and tribunals of the city of La Bisbal d’Empordà. CONFORMITY: I confirm and declare that I have read and understood the general conditions, SECURITY DEPOSIT, RESERVATION and FRANCHISE, accepting and committing to comply with them, as well as the current regulations.
15. DIGITAL SIGNATURE:
The contract may be signed physically or digitally, with all appropriate visual and written security measures..