Rental Conditions DreamBeachRental Mallorca, Michael Lendvai, Calle Buenavista 2/6a, 07458 Can Picafort, Mallorca, Isla Baleares

With the booking, payment of the rental price and at the latest when entering the boat, these terms and conditions apply to all contractual relationships of the boat rental DreamBeachRentalMallorca (landlord) for the rental of one or more boats and other items by the tenant as fully accepted.  

§ 1 Booking request and conclusion of contract

1. The boats are only rented out to persons who have already reached the age of 18. 

2. The booking request by the tenant can be made in person, by telephone, in writing or by e-mail. 

3. The booking request will be checked by the landlord and the tenant will receive confirmation of the availability of the boats (booking confirmation). 

4. In addition to listing the price, the booking confirmation also contains the amount of the cash deposit to be paid when the rental property is handed over (see Section 2, Paragraph 5). The amount of the prices and the deposit can be found in the currently valid price list, which is also published on the website (www.dreambeachmallorca.com). 

5. The renter must make a deposit of 100 percent of the price stated in the booking confirmation before the start of the rental. 

6. The deposit must be paid within 3 days from the date indicated on the booking confirmation. 

7. If the deposit is received within the period specified in § 1 paragraph 6, the booking is effective. Receipt after the period mentioned in § 1 paragraph 6 represents a new offer by the tenant to conclude a rental contract with the contractual content agreed in the booking confirmation. The landlord is free to accept this offer. If the landlord does not accept the offer, he will inform the tenant immediately and transfer the deposit back to the tenant to an account to be named by the tenant. 

8. In addition to the rented boat, the following material is included in the rental price: life jackets, first aid kit, emergency rockets, emergency horn, cushions, Sonos box, emergency mobile phone, boat hook. 

9. Subsequent rental of the boats by the lessee is prohibited.  

§ 2 Handover

1. The handover of the boats and the rental material takes place on the day specified in the booking confirmation. The exact handover location and the handover time are agreed between the lessor and the lessee upon conclusion of the contract. 

2. The lessor guarantees that the boat and engine are in perfect condition and that the equipment and safety equipment are complete.

3. The boats and the rental material are checked jointly by the lessee and the lessor when they are handed over to ensure they are free of defects. Any damage must be recorded in writing. 

4. Upon handover, the lessee must prove by presenting an identity card or another official document that he has reached the age of 18. In addition, the tenant must pay the deposit specified in the booking request in cash to the landlord. 

5. The tenant receives a briefing from the landlord.  

§ 3 Use

1. The renter must use the boats and the rental material carefully and only in accordance with their intended use. It must not become misleading. In particular, it is the tenant's responsibility to ensure that the maximum number of participants of 5 people is observed. 

2. After the handover, the lessee must secure the boats and the rental equipment against loss and theft. 

3. The boats are only to be loaded and boarded when the water is sufficiently deep (the bottom of the boat must not touch the bottom of the water).  It is a distance of 150 meters to rock  to comply with 

4. All participants, especially children, should be able to swim and wear life jackets at all times. Supervision is the responsibility of the supervisors. The participants, even if they can swim, must wear life jackets for the entire duration of the boat tour in choppy weather, wind and waves. For children under the age of 8, wearing a life jacket according to DIN EN ISO 12402-4 is mandatory. 

5. There is a recommended smoking ban on the boats to prevent damage. 

6. The landlord expressly points out that there is an increased risk of slipping, especially when getting in and out of the boat and when the boat deck is wet. When the waves are high, everyone on board, except for the boatman, should sit down and look for a secure hold, as there is a risk of falling overboard if the waves are strong. The bihimi is by no means suitable for holding on to. The landlord is not liable for accidental damage insofar as § 11 does not contain any deviating regulation.  

§ 4 Conduct

1. The renter has to inform himself about all legal regulations, in particular the respective shipping regulations, to comply with the instructions given by us and our recommendations. 

2. The renter and all other participants must behave considerately towards third parties, in particular swimmers, divers, anchored boats or boats that are unable to maneuver, as well as sailing ships and surfers, and must maintain a sufficient, spacious safety distance.

3. The lessee and the other participants must behave in such a way that any danger or impairment for themselves and other passengers as well as other third parties is excluded at all times. 

4. During his boat tour, the lessee must observe all official orders and requirements, in particular warning and seafaring signals, as well as buoys and warning flags. Instructions for avoiding obstacles and shoals must be followed exactly. 

5. Driving on Playa de Muro is from the yellow buoys  strictly forbidden by the authorities. There may also be swimmers or divers in the water outside of the areas. In the event of a violation of any driving bans, the lessee indemnifies the lessor from all third-party claims that arise from disputes in connection with an impermissible driving.

6. The renter may only drive the boat within the region in the navigation zones in which the boat is registered and insured. The area for boats that do not require a license is limited to the Bay of Alcudia from Cape Menorca to Cape Farrutx. We recommend not navigating the last third of the bay due to strong winds and waves.

§ 5 Return

1. The place and time of the return are agreed between the landlord and the tenant upon conclusion of the contract, but no later than upon handover. 

2. If the lessee is unable to meet the deadline for return, he must inform the lessor immediately. In the event of a delay, the lessee must pay a contractual penalty of EUR 60 per half hour or part thereof. Please note that subsequent guests have rented the boat. In the event of a delay of more than 1 hour, we are obliged to  turn on the sea rescue service and report the boat as missing. The resulting costs of the sea rescue will be charged to the renter in the event of a deliberate delay. 

3. When the boat is returned, an inspection will be carried out, during which  damage checked  and the completeness of the equipment is checked. The deposit will be offset against any damage or loss. 

4. However, if the lessee delays in returning the boat to the lessor in the port, the lessee will be charged a rate of 20% of the daily rental price for each commenced hour. In the event of a delay of more than 4 hours, a message is sent to the sea rescue service and the boat is reported as missing. The resulting costs of the sea rescue will be charged to the renter in the event of a deliberate delay

§ 6 Payment

1. The tenant receives a receipt from the landlord upon return. 

2. The invoice amount, minus the deposit, is to be paid in cash before the boat and the rental material are handed over.  

§ 7 Provision on the weather conditions

The landlord assumes no liability or risk regarding the weather conditions. Unless otherwise expressly agreed, the contractual obligations continue to apply in all weathers, especially in the event of rain or unusually high or low temperatures. Exceptions apply in the case of high waves and severe weather warnings, cf. § 8.

§ 8 Withdrawal from the Rental Agreement

1. The landlord reserves the right to withdraw from the rental contract for important reasons or to terminate it without notice. 

2. If the tenants are obviously under the influence of drugs or alcohol, or otherwise pose a danger to themselves or third parties, the rental contract can also be terminated by the lessor immediately before or during the journey. 

3. The tenant is entitled to cancel the contract without giving reasons. In the event of cancellation by the tenant, the landlord can demand compensation for the expenses incurred and reduced possibilities of renting the property to another party as compensation. Without triggering claims for damages by the landlord, the tenant is entitled to cancel up to 14 days before the service date, otherwise according to the following stipulations:
   - 13 to 7 days before the service date → 60% of the invoice amount
   - 6 to 3 days before the service date → 80% of the invoice amount
   - 3 to 1 days before the service date → 100% of the invoice amount
   -  on the day of service → 100% of the invoice amount.

4. Cancellations must be made in writing to the landlord, unless the landlord agrees to a verbal cancellation. The cancellation day is the day the landlord receives the cancellation.  

§ 9 Severe weather warnings, high waves

1. In the event of severe weather warnings or high waves, no rental will take place. The tenant gets his deposit back or can arrange an alternative date with the landlord, depending on availability. However, there is no entitlement to an alternative date.

2. If there is a storm or dangerous waves during the boat tour  the nearest port must be headed for immediately and the journey stopped immediately. In this case, the rental price is only to be paid pro rata after the rental period has already expired.  

§ 10 Compensation claims against the tenant

1. If the renter is responsible for damage to the boats, the renter is obliged to compensate for the resulting damage. In the event of gross negligence, your personal liability insurance will not settle any claims either. Our boats are fully comprehensive insured with a deductible of 200 euros.

2. If damage can be repaired by the landlord himself, costs of 25 euros per half hour of work plus material costs will be incurred. More complex repairs are carried out by the manufacturer. 

3. The following flat rates are to be paid for the loss of or irreparable damage to the rental material:  

     Life jacket – €55

     Waterproof pack sack 60 L – €85

     Rescue Kit – €60

     Lake first aid kit €55

     Pillow €10

     Boat hook €20

     However, the tenant is expressly free to prove that no damage has occurred or that it is significantly less than the flat rates mentioned above.

1. If the lessee returns the boats or the rental material in an unclean condition contrary to § 5 paragraph 4, a cleaning fee of €55.00/per boat will be charged in the event of gross soiling, unless the lessee is responsible for cleaning. 

2. Normal signs of wear and tear are excluded from liability for damages. However, the defects must also be reported here immediately.  

§ 11 Disclaimer

1. The lessor's contractual liability for damage that is not bodily harm (including liability for breaches of pre-, ancillary or post-contractual obligations) is limited to three times the rental price, insofar as damage to the lessee was not caused by the lessor intentionally or through gross negligence . 

2. There is no exclusion of liability or limitation of liability for damage resulting from injury to life, limb or health that is based on a negligent breach of duty by the lessor or an intentional or negligent breach of duty by a legal representative or vicarious agent of the lessor. The same applies to other damages based on a grossly negligent breach of duty by the lessor or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the lessor.  

§ 12 Data protection

The lessee's personal data communicated within the framework of the contractual relationship will only be used to process the contract and inquiries.

§ 13 Jurisdiction

1. Place of jurisdiction is Mallorca, Spain. Spanish law applies exclusively, excluding the UN sales law.  

§ 14 Final Provisions

1. If general terms and conditions have not become part of the contract or are ineffective in whole or in part, the rest of the contract remains effective. 

2. Insofar as the provisions have not become part of the contract or are ineffective, the content of the contract is based on the statutory provisions. 

3. The contract is ineffective if adhering to it would represent unreasonable hardship for one of the contracting parties, even taking into account the change provided for in paragraph 2.  

Can Picafort, April 19, 2022