General Terms Regarding the Lease of Motorboats
1. CONDITIONS REGARDING THE LEASE OF MOTORBOATS
1.1. The lease refers exclusively to motorboats with an outboard motor of constant maximum horse power output up to thirty (30) HP without a skipper.
1.2. During the lease term, the boat is at the exclusive disposal of the natural/legal person who has leased it and is exclusively operated by the lessee, in case of a natural person, or the legal representative of a legal person, if this relationship is evidenced in writing.
1.3. According to the terms with which the lessor and the lessee shall comply, the following documents must be kept on board the boat at all times and presented to the authorised control bodies during inspection: (a) Original Boat License; (b) Copy of the insurance policy; (c) Copy of the certificate of fulfilment of legal requirements; (d) Copies of the Port General Regulation no. 38 (B 2390/2019), the Port General Regulations no. 20 (Β 444/1999) and 23 (Β 231/2000), as in force, regulating the traffic of motorboats, as well as the International Regulations for Preventing Collisions at Sea, in Greek and English; (e) Lease Certificate according to the sample of Annex D of the Port General Regulation no. 38; and (f) lease invoice. The documents under (a) to (d) are provided by the lessor to the lessee and are returned at the end of the lease.
2. AGE AND OBLIGATIONS OF THE LESSEE
2.1. The age of lessees or their legal representative, in case of a legal person, is minimum 21 years and maximum 70 years with the additional condition that, regardless of age, they can swim.
2.2. According to Article 7 of the Port General Regulation no. 38, throughout the term of the lease, the lessee/operator of the boat assumes all obligations and responsibilities arising from the applicable legislation concerning boat operation, according to Article 3 of the Code of Public Maritime Law, ratified exclusively by the article of Legislative Decree 187/1973 (A 261), as in force, as well as the responsibility to comply with the special provisions concerning boat operation and traffic. In addition, it is prohibited to use the boat in violation of its license, the law, the general terms of the lease and the lease agreement. In addition, it is prohibited to modify or carry out any changes to the boat.
2.3. According to Article 34 of the Port General Regulation no. 20, the lessee shall: (a) use all safety equipment provided by the lessor, in accordance with the lessor’s instructions; (b) use the boat only if they find that it is equipped with the proper quantity of fuel and the life-saving equipment designated for its type (as laid out in Article 21 of the Port General Regulation no. 23); (c) exercise good judgment, behave in a responsible manner and observe the verbal and written instructions, prohibitions and notices in the area of operation, both before and throughout the lease term; (d) not operate the boat when under the influence of alcohol or toxic substances; (e) inform the lessor of any physical disabilities or health problems at hand that may put lessees at risk. In addition, if the lessor refuses to lease the vessel due to safety reasons, adverse weather conditions or due to the fact that the lessee is under the influence of alcohol, or unwilling to follow the lessor's instructions, the lessee shall forthwith comply.
2.4. The lessee shall operate the boat in accordance with the lessor's instructions and shall comply with the lessor's guidelines on every parameter related to the safe operation of the boat, including the manufacturer's instructions.
3. PAYMENT METHOD AND SAFETY DEPOSIT
3.1. Prior to picking up the boat, the lessee is required to pay the full lease fees by cash or credit/debit card under their name, and will be charged an additional safety deposit.
3.2. We accept the following cards: Visa, Mastercard.
3.3. The lease fees shall be paid in advance, and the safety deposit will be charged on the lessee's credit card before the boat is picked up and will be released upon delivery of the boat, after deducting any other charges that may have resulted from operating the boat (e.g. cost of fuel). The release of the amount takes approximately three business days depending on the bank that has issued the card. Any bank charges/fees for this procedure are paid by the lessee, and the lessor is not responsible for any bank delays. If the total amount of the charges incurred by the lessee is not known (e.g. in case of damage to the boat or a violation found by the competent authority that incurs a fine) upon delivery of the boat, then the amount is not released until the balance is finalised.
3.4. By signing the lease, the lessee authorises the lessor to charge an additional amount to the agreed safety deposit to their credit card, in case the amount already charged is less than the total charges (as evidenced by documents, e.g. invoices for repair services and parts, or a certified infringement). Even if the lessor has released the safety deposit, in case additional charges were not known (e.g. the fine was later imposed or the damage was in the hull of the boat and was not revealed by the lessee) at the end of lease, the lessor is entitled to charge this amount, as evidenced by documents, retrospectively. If the amount charged to the card is still less than the amount of the total fees, then the lessee shall pay the balance to the lessor immediately upon notification thereof.
3.5. FINES AND INFRINGEMENTS: All fines and administrative penalties arising for fault of the lessee are fully borne by the lessee.
3.6. In the event that the lessor withdraws from the lease for reasons not attributable to any of the parties' fault (e.g. due to adverse weather conditions), any advance lease payment or safety deposit are refunded. If the lessor withdraws due to the lessee's fault (e.g. in case the lessee is under the influence of alcohol, or unwilling to follow the lessor's instructions), no advance payments are refunded, apart from the safety deposit.
4.1. The lessee picks up the boat after checking that it is equipped with the proper quantity of fuel and the appropriate life-saving means.
4.2. The boat is picked up at the location specified in the lease agreement, at the agreed time and date after sunrise, and it is returned at the same location on the same day at the agreed time before sunset.
4.3. In case the lessee exceeds the agreed lease term, the lessor reserves the right to recover and repossess the boat without the consent of the lessee at any time and by any means.
4.4. In case the boat is returned earlier than the time stated in the lease agreement, the initially agreed lease fees are considered to be accrued and payable.
5. INSURANCE COVERAGE
5.1. The boat lessee/operator who meets the general terms herein is covered against passenger and third party claims arising during operating, mooring and anchoring of the boat, death, personal injury, property damage and marine pollution resulting from accident, collision, wreck, or any other cause that may constitute a maritime accident, in accordance with the applicable legislation and the General and Special Terms of the insurance policy.
5.2. Compliance with the general terms of the lease, the terms of the lease agreement and the law is a prerequisite for insurance coverage.
5.3. Coverage for theft and damage to the vessel itself limits the liability of the lessee/operator for total or partial theft loss, as well as for damage to the vessel up to the amount of excess referred to in the insurance policy, provided that the General and Special Terms of the insurance policy, as well as those referred to in Article 5.2, are met. If the boat is damaged, the amount of the deposit is withheld until the vessel is repaired. The lessor shall have the boat repaired by their preferred marine mechanic with spare parts of their choice. Depending on the final cost of repairs (for example repair costs or profit losses for the number of days the boat was out of service) and the amount that the insurance company may cover, the excess amount of the safety deposit is refunded, or the balance is charged to the lessee's credit card to cover the entire cost.
6.1. The level of the fuel tank when the lessee picks up the boat is noted on the lease agreement. The amount of fuel consumed is calculated and charged to the lessee according to the price mentioned in the lease agreement when the boat is delivered to the lessor.
7. INDICATED AREA OF OPERATION
7.1. The boat shall remain within a radius of three nautical miles from the coastline.
7.2. Operation of the boat is prohibited in the following cases: (a) in adverse weather conditions (indicatively when there is a wind of more than five Beaufort or more than thirty-eight km/h and/or in limited visibility); (b) at a distance of less than one hundred metres from the outer edges of the floating buoys in swimming sites, and in addition, anchoring is prohibited within the area of the buoys; (c) at a distance of less than two hundred metres from the usual point accessed by swimmers in areas not marked with floating buoys; (d) at a distance of less than two hundred metres from the coastline, in areas where there are no swimmers, at a speed of more than five knots; (e) at a distance of less than one hundred and fifty metres from the designated signals or flags, indicating underwater fishing. The boat shall be picked up from and delivered to the shore at the lowest possible speed to ensure the safety of the swimmers.
7.3. Pick-up and delivery is regulated by the provisions of Article 30 of the Port General Regulation no. 20 and in particular: (a) to and from their mooring facilities, such as ports, marinas, anchorages; (b) to and from ramps, slideways built for boat lifting and launching, provided that at a distance of fifty metres on either side of their course there are no swimmers, and vessels are moving within a designated waterway, extending over a distance of one hundred metres from the slideway towards the open sea; (c) to and from the coastline, outside swimming sites, provided that: (aa) they are operated within a designated waterway under Article 27 of the Port General Regulation no. 20; (bb) they are operated with a speed of up to three knots and provided there are no swimmers at a distance of one hundred metres on either side of their course. In case there are swimmers, the boats shall maintain a safety distance of at least 30 metres on either side of their course at a speed less than one knot.
8. PROVISIONS IN CASE OF MALFUNCTION OR ACCIDENT
8.1. In the event of malfunction or accident, please contact the lessor forthwith at the telephone number provided when signing the lease agreement.
8.2. In addition, the lessee shall: (a) submit forthwith a detailed written report to the lessor; (b) notify forthwith the competent authorities (Port Authority, Fire Service, Police) in addition to the lessor and the insurance company; (c) take measures as to rescue life or control damage; (d) keep the details of the parties involved and witnesses; (e) not admit any third party claims; and (f) collect information and documents from the site of the accident (e.g. photographs).
8.3. In case the boat malfunctions during the lease term, not for fault of the lessee, then the lease expires at the time of the malfunction and part of the lease paid is refunded (in case of advance payment), whereas if it is the lessee's fault, then the lease expires at the agreed time and the entire amount is due, despite the fact that the boat was not used throughout its lease term. The lessor is not obliged to replace the boat for the remaining lease term, but shall immediately collect all the other passengers when notified by the lessee.
8.4. The boat shall be repaired by a marine mechanic with materials of the lessor's choice. The cost is evidenced by relevant invoices.
9. LEGISLATIVE INFRINGEMENTS
9.1. The lessee is liable for any fines or other penalties arising according to the law.
9.2. For any fines that the lessor may be required to pay due to the lessee’s liability (indicatively due to violation of the law or the terms of the insurance policy) the lessor reserves the right of recourse against the lessee even before payment. If the lessor is compensated by a third party, then they will return the amount received.
10. PERSONAL BELONGINGS
10.1. The lessee hereby accepts that the lessor has no liability for the loss or total/partial destruction of any personal belongings kept in or on the leased boat.
11.1. Any amendments shall be agreed and valid only in writing, excluding any other means of proof. In the event that any disagreements or disputes arise from this agreement, the courts of Lasithi, Crete, are exclusively competent, including enforcement proceedings.
11.2. The lessee accepts the following: (a) the above mentioned terms apply even in the event of a change in the initial lease term or replacement of the initially leased boat; (b) the operation of the boat by a third party is prohibited, and in the event of violation, the lessee is liable for any breach of these general terms and the terms of the lease agreement, the general/special terms of the insurance policy and the law by the third party; (d) the lessee has joint and several liability with the perpetrator of the breach towards the lessor for the violations of subsection c) hereof; (e) the representative of the lessee/legal person is jointly and severally liable with the lessee for the fulfilment of these general terms and the terms of the lease agreement, the general/special terms of the insurance policy and the law.
11.3. The lessee has been informed that the boat is equipped with a GPS tracking system and authorises the lessor to activate it in case of emergency (theft, breach of agreement, etc.)