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OBLIGATIONS OF THE LESSEE AND THE LESSOR WHEN HIRING A BOAT

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Obligations of the hirer and the owner when hiring a boat

The nautical charter is constantly growing and the possibility of renting the type of boat you want, when you want and where you want is the best advantage for those who like to sail and take routes through different seas.

DEFINITION OF CHARTER CONTRACT

According to the Maritime Navigation Act of 2014, a charter contract is defined as "a contract in which the hirer places a vessel at the disposal of the lessor for a period of time for recreational purposes in exchange for a price".

MODALITIES OF THE CONTRACT

The charter contract is not legally required to be in writing, and in this case it is governed by the provisions of the law, but it is always advisable to formalise a contract.

BOAT REQUIREMENTS

In order to have a charter boat in Spain, it is necessary to distinguish it from the private fleet. This distinction is based on the differentiation between those registered in the Sixth List for those dedicated to charter and those registered in the Seventh List for those for private use.

 

WHAT DOES IT MEAN FOR A VESSEL TO BE REGISTERED?

The clearance of a vessel is the authorisation granted by the Maritime Authority to navigate. When you apply for clearance, you must specify whether the boat is professionally equipped or not.

 

WHAT IS THE DEPOSIT REQUIRED BY THE LESSOR?

Normally, when a boat is delivered without crew, the hirer will ask for a deposit to cover any damage caused by negligence or misuse. In order to avoid any confrontations or misunderstandings, it is very important to check the boat together. It is also advisable to check the wording of the contract.

OBLIGATION OF QUALIFICATIONS

When chartering without a skipper or captain, the hirer must have the appropriate qualifications for the boat and navigation area.

TAXES TO BE PAID WHEN RENTING A BOAT

If the boat is rented in Spain, the lessor must charge VAT to the renter. The lessor, wherever he may be, is obliged to issue the invoice with the VAT itemised.

 

PENALTIES FOR LATE DELIVERY OF THE RENTED BOAT

In the event of delay in the delivery of the boat, the Nautical Code provides for the reimbursement of the amount of the charter fee in proportion to the delay and, if it exceeds 48 hours, the cancellation of the contract or the extension of the agreed charter period.

 

CHARTER BOAT INSURANCE

The Maritime Navigation Act requires the lessor to take out and maintain compulsory civil liability insurance during the rental period. In general, however, charter boats take out insurance to cover possible damage to the hull and other components of the rented boat.

 

LIABILITY FOR MARITIME OFFENCES

Royal Legislative Decree 2/2011, of 5 September, approves the Law of State Ports and the Merchant Navy, in which maritime offences are regulated.

The regulations generally make the shipowner responsible and the skipper or captain subsidiary.