General conditions

These GENERAL TERMS AND CONDITIONS FOR THE RENTAL OF RECREATIONAL BOATS WITH CREW (hereinafter, "General Conditions") will regulate the contractual relationship between OK YACHTS & BOATS SL with C.I.F. B10649267 and registered office at Cuesta Can Santacília, 9, 2nd floor 07001 Palma (hereinafter, "OK YACHTS or "Lessor") and the paying customer (hereinafter, "Lessee"), by virtue of which the former assigns to the latter the use of a crewed recreational boat (hereinafter, "the boat") for the term, price and other conditions stipulated by the parties in the rental contract (hereinafter, "Contract"), which will be made and signed at the Lessor's facilities or on the boat itself that is the subject of the lease and always prior to the departure of the contracted route. If there is a discrepancy between the content of any point of the General Terms and Conditions and those of the particular conditions signed between the parties, the latter shall prevail.

1. SUBJECT MATTER OF THE CONTRACT

It is the rental of a recreational boat with crew described in the particular conditions of the Contract for the carriage of passengers and their luggage, complying with all the General Conditions established in this document.

2. CONDITIONS AND METHOD OF PAYMENT FOR THE ONLINE BOOKING.

The Renter accepts that the lease contract will not be executed in the event that the rental price has not been partially and/or fully disbursed at the time of making the reservation request by payment with a bank card owned by the Renter.

Failure to pay the booking price in full will entitle the Lessor to cancel the requested rental service.

For bookings made more than 90 days in advance, the Renter will be obliged to pay 80% of the rental price at the time of booking and the remaining 20% must be paid sufficiently in advance and at least one month before departure to the start date of the rental, the remaining 20% must be reviewed. In the case of bookings made 60 days or less in advance, the Renter will be obliged to pay 100% of the rental price at the time of booking.

The reservation will not be validly made and registered without the prior payment of the rental price and confirmation by the Renter of having known, read, understood and accepted these general conditions of the contract for recreational boat with crew.

3. RENTAL PERIOD: DROP-OFF, CHECK-IN AND EXTENSION

The duration of the lease set out in the contract may not be varied or altered without the prior authorisation of the Lessor.

- 1 Day Rental: From 10am to 18pm

- Rent 1/2

Day: From 10am to 14pm or from 14pm to 18pm –

Check-Out and Check-In will take place at the Lessor's premises and/or at the mooring designated by the Lessor to be rented before the departure of the voyage and before the time when the Lessor wishes to leave the vessel at the end of the voyage.

The extension of the rental contract and the term initially agreed upon shall be subject to availability and the Lessee shall obtain prior express authorisation from the Lessor and shall immediately pay the amount of the additional deposit for such extension, the price applicable to the period of extension of the rental being that indicated in the

General Rate in Force, established on the Lessor's website or other means that the Lessor deems appropriate. The Lessor reserves the right to deny the request for extensions for operational, technical or climatological reasons that prevent navigation and/or the safety of the vessel, crew and passengers.

4. CONDITIONS OF DELIVERY "CHECK OUT" OF THE BOAT.

Upon delivery of the boat, and within the opening hours to the public, both parties will proceed to the check-out and corresponding inventory, and the Lessor and Lessee will sign the corresponding document/part of accreditation and conformity.

The Renter may not refuse to check-out or to sign, even with the warnings that he/she deems precise and necessary, the forewarned document. In case of refusal to sign the check-out document, the Lessor shall have the right to refuse the rental service.

Check-out within the prescribed period of this contract does not imply an extension of the period for the same period of time as the check-in.

5. CONDITIONS FOR THE RETURN OF THE BOAT "CHECK IN"

The vessel must be returned at the time and place determined in the particular conditions of this contract. At the time of return, the check-out will be carried out between the parties, issuing the corresponding accrediting and conforming document at the end of the check-out.

The Renter declares to be aware of the state of conservation of the vessel, therefore, he/she expressly agrees to deliver the vessel in the same condition in which he/she received it, with full fuel and water tanks, equipment (cooking fuel) and supplies ordered and properly stowed, including clean kitchenware. If it is not delivered under these conditions, the cost of filling these tanks in full will be deducted from the deposit, plus a labor surcharge for the work of replenishing the necessary supplies of 120€ VAT included. In case of cleaning kitchenware, 60€ VAT will be deducted.

Fees and mooring outside the home port are not included in the price.

The Renter must plan the journey to return the boat within the contracted period, taking into account the possible adverse situations that may occur. These will not, in any case, be sufficient reason for the delay in the return of the boat. If, due to sudden and unforeseeable circumstances of bad weather, the return of the boat is delayed, the Renter is obliged to notify the shipowner. Each day or fraction thereof that implies a delay for any reason in the return of the vessel at the port of origin, will be billed at double the rate applied, as a penalty for damages. Bad weather may not be invoked as a cause for delay.

6. NAVIGATION AREA.

The permitted navigation zone is established within the coast of the Balearic Islands, a contract also limited to the attributions granted by the title of Skipper presented. The Renter shall request written permission from the Lessor to navigate in areas other than those referred to herein.

Failure to comply with this obligation will imply the automatic termination of the contract with the loss of the amounts paid for this purpose and all this regardless of the payment of the expenses and liabilities that may arise from such misuse.

7. RENTER DOCUMENTATION.

The Renter must present before the start of the rental a European national identity card and/or passport in physical format, legible and in good condition and accepted by Spanish legislation.

In the case of renting a boat WITHOUT SKIPPER, the Renter or person authorized by the Lessee must present the documentation that proves the suitability to govern the reserved boat.

The Renter must send by e-mail to the e-mail address reservations@okyachts.com well in advance and up to a maximum of 48 hours before the scheduled departure, a copy of the title or permit and the ID card or passport of the person who must perform the functions of skipper of the boat. In the event of any failure in this regard, the Lessor declines all responsibility, and the Lessee will be responsible for any expenses that may arise.

The Lessor reserves the right not to make the boat available to the Renter if the Skipper does not appear to have sufficient expertise and competence despite the documents presented. In this case, the amounts received will be returned, and the contract will be automatically terminated. Alternatively, and subject to availability, the Landlord may offer a patron of his/her trust and the Tenant must pay €150 as salary. In the event that the Renter refuses to hire the skipper provided by the Lessor, the Renter will forfeit the deposit made when booking the boat and the charter will be automatically cancelled.

The Renter is responsible for checking that his/her nautical title is duly validated for the government of recreational boats in Spain and for sailing in the Spanish State and its territorial waters.

Therefore, it expressly assumes the responsibilities arising from the rental of the boat, as well as the damages that, for any reason,

may be passed on to the lessee in general. In the event that the nautical title of your country of origin that empowers you to govern vessels is not within Annex IX of RD 875/2014 or substitute law, the rental will be made at your own risk and under your responsibility, with the deposit to deposit in such case being double that stipulated for the boat in question and never less than TWO THOUSAND FIVE HUNDRED (€2,500) EUROS. In the event of being sanctioned by the maritime authorities, the lessee company will retain the amount of the deposit until the final resolution of the sanctioning proceeding. More information can be found on the following website: www.fomento.es

8. BOAT MAINTENANCE

The Renter receives the boat in perfect condition and must keep it in good condition, not allowing any modification to be made either exterior or interior, if there is any type of modification, its return to the original state plus possible damages will be charged to the Renter. Repairs of any defect, damage or change of response may only be carried out by the Renter with the express written permission of the Lessor.

In the absence of such express written consent, the Lessee shall be solely responsible for the payment of such expenses, both for the workshop and for spare parts.

9. OBLIGATIONS OF THE RENTER

The Tenant undertakes to:

to. Use the rented boat correctly and respect the rules established by the maritime authorities.

b. Do not carry on board a greater number of people than allowed according to the boat's seaworthiness certificate, use the boat only for recreational cruises and do not participate in regattas. Likewise, it is obliged not to assign, subcontract or sublease all or part of the vessel.

c. Smoking is prohibited on board, only in the outdoor areas designated by the crew.

d. Minors must always be accompanied or supervised by an adult and not under the responsibility of the crew.

and. Professional diving allowed under the supervision of qualified professionals in authorized areas.

f. Notwithstanding the foregoing, Renter acknowledges that the use of the personal vessel, tender or water toys on board (including seabobs) is entirely at its own risk and agrees to indemnify, defend and hold harmless Renter, its charterers, brokers, captains and employees from and against any litigation, damages, expenses or liabilities arising out of the performance of this Agreement or the use of vessels ancillary claims, but not limited to claims, damages, expenses, or liabilities for fines, loss of or damage to any property, or for death or injury to any person or persons.

g. The Lessor is not responsible for nautical toys not included in the inventory of the boat and their correct use is the responsibility of the Renter and the owner company.

h. Illegal drugs and weapons are totally prohibited on board, as well as any products that may contravene Spanish law.

i. Do not take animals on board, unless authorized by the shipowner.

j. The towing of other boats is totally prohibited, and the rented boat will only be allowed to be towed in the same cases and always with its own ropes to avoid high salvage costs. The Lessee will not accept agreements or assume liability without the authorization of the shipowner.

k. In the event of dangerous weather reports on the weather or the sea (greater than force 6 Beaufort or 27 knots of wind) the Renter undertakes not to leave the port in which he is located or to go to the safe port or anchorage nearest to his position. The Renter must be aware of the weather reports at all times in order to carry out a navigation plan that allows him to preserve the integrity of the boat without risk.

l. Do not leave the boat on the open coast without an experienced crew member on board, always sail with the sail surface appropriate to the existing weather conditions, guaranteeing safe navigation, as well as a bearable load on sails, mast, rigging, boom and other rigging.

m. Do not use products or utensils that may cause damage to the cleaning.

n. Be responsible for any damage or harm that occurs to the rented boat, for the loss of its elements and for delays in the return of the boat.

ñ. Be responsible for the theft or loss of the tender, when it is not stowed in a closed chest or neatly lashed on the deck of the boat. The Renter is responsible for all consequences arising from anchorages, in particular the form of measures necessary to change the winds or direction of the currents.

or. Be responsible for all the acts of the persons indicated in the passenger list, who may not exceed the maximum capacity of the vessel in any case.

p. Use the boat exclusively as a tourist or recreational charter, so in no case can it be used for commercial operations, professional fishing, transport, sports competitions, regattas and any other incompatible with the destination of the boat. The Renter, as the only person responsible for the boat during the rental, will use it responsibly, complying with the rules of the competent authorities for this purpose, being solely and exclusively responsible for the consequences that will arise from non-compliance with them.

q. In case of boat rental with crew: the skipper will be responsible for the boat and for sailing under the appropriate safety measures, with which the Renter and the rest of the passengers undertake to obey the instructions of the skipper and crew at all times.

r. Be responsible for any damage or loss that may occur during the lease term to passengers' personal property.

10. RENTER'S OBLIGATION TO PAY AND EXPENSES EXCLUDED FROM THE RENTAL PRICE

The Renter undertakes to pay the Lessor the resulting amount at the price agreed in the rental contract, corresponding to duration, insurance, equipment and ancillary services, as well as the taxes and fees applied. The amount of the damages suffered, in whole or in part, that are not covered by the exemptions contracted by the lessee. The amount corresponding to the fines for any infringement of the legislation in force, as well as the corresponding charges in the delay of payment and the judicial or extrajudicial expenses that the Lessor may have incurred as a result of the above.

The costs of provisions, fuel, lubricants, gas, ice, moorings in ports and marinas, and in general the expenses of material and maintenance of the boat during the rental, will be the exclusive account and expense of the Lessee, and are not included in the rental price.

11. DEPOSIT

Prior to the delivery of the vessel and as a guarantee of the Lessee's fulfilment of all the obligations contained in the Contract and in these General Conditions, the Renter shall provide the Lessor with an amount as a Deposit. The amount of the Deposit will vary according to the boat selected in the reservation and will be included in the particular conditions of your rental and, in the event of any adverse circumstance for the Lessor, the Lessor expressly reserves its use to be used to answer for any liability generated or caused by any action or omission of the Renter. By way of example and not restrictively, it may be used by the Lessor to respond to extensions of the rental term, failure to refuel at the end of the rental, theft, loss, cancellations, breakdowns, breakages, damages or delays in the return of the boat, differences in inventory and equipment, compensation, misuse, negligence and penalties of any kind agreed in these conditions and contract or that may arise as consequence of non-compliance with these.

All this without prejudice to the legal actions that may be appropriate to claim those amounts that exceed the deposit.

Once the boat has been returned within the agreed period, the check-in has been carried out in accordance with the terms and all the duties arising as a result of the terms of this contract have been fulfilled by the Renter, the deposit will be returned no earlier than 24 hours. In the event of disagreement between the parties regarding the conditions of return of the boat and inventoried goods, the deposit will be returned at the time of termination of the dispute.

In the event that any damage is noticed that could be due to the fault of the Tenant, the refund will not be made, but the total amount of the deposit will be confirmed at that same time until the repair estimate is available.

In the event that the customer needs an entry card to the facilities of the base port, the necessary amount in cash will be retained as a deposit for said card, which will be returned upon return of the card.

12. BOAT INSURANCE

Boat insurance has limited personal coverage and does not cover accidents that occur outside the boat or loss or damage to the personal effects of the Renter, crew members or guests on board the boat. The Renter expressly accepts that the insurance does not cover possible damage to the sails caused by misuse, and the Renter accepts responsibility for the payment of any damage caused to the sails. This payment will be deducted from the deposit.

12. DAMAGES, ACCIDENTS AND BREAKDOWNS. 12.1. If, during the rental period, breakdowns, damages, malfeasances or loss of material occur on the rented boat, the Renter is obliged to notify it immediately, who will give the appropriate instructions to follow. In the event of failure to notify or to follow the instructions, the Lessor may claim damages from the Lessee caused by negligence. 12.2. If accidents occur with the participation of third parties, these must be declared by the Renter to the competent authorities, and the details of the vessels involved in the accident are recorded. The Lessee shall also draw up a report on what has happened which shall be delivered to the Lessor, undertaking to immediately inform the Lessor of any loss and to immediately transmit to the Lessor any letters, summonses or notifications relating to such loss and to provide full cooperation to the Lessor and the Insurance Company in the investigation and defence of any claim and process. 12.3. At the time of the accident or claim, you will take the following measures:

a) Not to recognize or prejudge responsibility for the act, except for the "Friendly Declaration of Accidents".

b) Obtain complete data from the opposing party, make the "Friendly Accident Declaration" or the "Loss Report", witnesses, which together with the details of the accident will be sent urgently to the Lessor by telephone in the event of a serious accident. The Landlord's emergency telephone number is as follows: +34 626 784 197.

(d) Not to abandon the vessel without taking appropriate measures to protect and safeguard it

In the event of a breach by the Renter of any of these measures, if applicable, the Lessor may claim damages from the Renter caused by negligence.

The Renter is obliged to inform the lessor of any contact of the vessel with the seabed in order to be able to determine the consequences of such contact and to avoid endangering subsequent crews.

The Lessor is not responsible for any damage caused by grounding, collisions with sandbanks or shallow bottoms.

The Renter is expected to study the boating area in advance and take precautions.

In the event that a repair has to be carried out, the owner must first consult with the lessor and request approval of the possible estimates for the repair of the damages, and must keep the invoices and receipts so that they can be paid by the shipowner, as long as they are not due to the use or negligence of the Lessee.

Damages resulting from the negligence, ineptitude or deficient use of the vessel by the Renter will be paid by the Renter in full, and the Lessor will terminate this contract and reserve the right to claim for damages that the incident may cause.

14. THEFT

In the event of theft of the boat, the Renter is obliged to file the corresponding report of the fact with the competent authority, delivering it to the Lessor.

15. CANCELLATIONS AND CANCELLATIONS.

The Renter, and before reaching ten (+ 10) weeks to the scheduled date of delivery of the boat, may unilaterally withdraw from the contract with a penalty of 20% of the total value of the previously booked rental. If the decision is made by the Renter between ten (10) and eight (8) weeks prior to the date of delivery of the boat, the Lessor is authorized to charge 40% of the total rent; If you cancel between eight (8) and four (4) weeks prior to the date, the landlord would charge 60% of the rental value, if you cancel between four (4) and two (2) weeks prior to the date, the landlord would charge 80% of the rental value, if you cancel less than two (-2) weeks prior to the date, The lessor would collect 100% of the amounts received from the lessee, all by way of damages incurred by such cancellation.

If it is impossible to provide some of the services under the agreed conditions, the company will offer the user the possibility of opting for a refund of the total amount paid without anything more than asking for or claiming for any reason or accepting a supplement to the contract specifying the modifications introduced and their impact on the price.

In day rentals, if the captain considers that the weather conditions may condition the safety of the navigation, the rental can be postponed to another date depending on the availability of the boat or the full refund of the charter fee, as the Renter decides.

16. PAYMENT METHODS: All services will be paid in advance by credit card (VISA or MASTERCARD), debit card or cash at our facilities, for security reasons you must pre-authorize a deposit valued with respect to the conditions established in these general conditions.

The payment of reservations via our website, rental price and/or deposit, can only be made by the credit or debit cards indicated above. The method of capturing this deposit will only be made by means of the credit card provided to the Lessor by the Lessee who appears and signs the Contract. The refund of the excess and Deposit or Pre-authorization can range between 24 hours and 48 hours depending on the bank used and due to the operability of the Tenant's entity. OK Yachts only accepts VISA and MASTERCARD credit cards, not including any surcharges on them.

17. CURRENCY. The rates set by the Lessor are valued in euros (€), converted into any other currency using the converter: https://www.google.com/finance /converter, dissociating itself from any conversion errors. Payment can be made in all our facilities in the currency you contracted, only with the credit cards established in the previous point

18. CUSTOMER SERVICE AND COMPLAINTS.

If you would like to make any suggestions on improving our services, we are at your disposal by e-mail reservations@okyachts.com and all our facilities also have official complaint forms that will be kindly given to you when you request them from our employees.

19. FRAMEWORK AGREEMENT.

These terms and conditions are in the nature of a framework contract and are applicable to any rental contracts entered into by the same Lessee with the Lessor.

20. TRANSLATIONS.

The Renter has the right to receive a copy of these general terms and conditions in the official language and this will be stated in the versions of the same written in other languages, informing them at our facilities which languages we have at that time. In case of discrepancies, the final version will be the one written in Spanish.

21. PRIVACY POLICY.

Processing of personal data. In accordance with the GDPR 2016/679, you are informed that the personal data collected herein will be incorporated into files owned by OK YACHTS & BOATS SL with C.I.F. B10649267 The personal data collected will be processed for the processing of the contract and everything related to it. THIRD-PARTY DATA. In the case of providing personal data owned by third parties, you declare that you have the consent of the affected parties to do so, having previously informed them of the content of this privacy policy. I expressly accept that the data contained in the Contract may be transferred to keep me informed, either by e-mail or by any other means, of operational and commercial information and the performance of opinion studies about products and services offered by OK YACHTS & BOATS SL. or by the companies that make up its business group or entities in the same sector, with which it collaborates, related to the leisure, insurance, financial and automotive sectors, being able to consult our privacy policy in more detail on our website. RIGHTS OF THE DATA SUBJECT. Those affected may exercise their rights of access, rectification, limitation, deletion and opposition by writing accompanied by a copy of their ID card and addressed to the address indicated above or to the e-mail address: rgpd@oyachts.com

22. LEGISLATION AND JURISDICTION

This contract shall be governed by and interpreted in accordance with Spanish law, as it is the country of mooring of the boat and the country of the provision of boat rental services. For any controversy that may arise from the content or interpretation of these general conditions and the particular rental contract, both parties, expressly waiving their own jurisdiction or the one to which they may have access, undertake by mutual agreement to submit any dispute to the jurisdiction of the judges and courts of Palma de Mallorca.

except for those that deal with consumer matters, which will be governed by the jurisdiction established in its own regulations.