1. Salatia Yachts Lda (hereinafter “Operator”)
2. User of the service (hereinafter “User”)
Hereinafter the Operator and the User may be referred together as “Parties” or individually as “Party”.
The subject of this contract (hereinafter “Contract”) is the User’s right to use motorboats and related equipment (hereinafter “Boat” or“Boats”) during the period of 12 months from the date the User requests the Service through the Skipperi platform (hereinafter “Season”), as well as the User’s right to use boating online courses during the term of this Contract. The User is contracting directly the use of the Boats with the Operator (hereinafter the “Service”).
The Operator has the right to limit the User’s right to use the Boats in case of storms and other similar circumstances.
The User must be legally competent and at least 21 years of age to conclude this Contract.
The User warrants that he/she has all the necessary rights, licences (when applicable) and skills to use the Boats.
The User shall take care of the Boats as if they were his/her own. The User shall behave according to good boating practices when using the Boat. While using the Boat, the User must always take into consideration the other boaters, and as a captain, the User must ensure the safety of his/her own passengers and take care of the Boat.
The User shall use the Boats only for his/her own personal use. The User shall not use the Boats for commercial purposes.
The User is responsible for the cleanliness and maintenance of the Boat. A cleaning penalty fee will be charged from the User if the instructions of the cleanliness have not been complied with.
The User shall always comply with the Operator’s and Skipperi’s instructions concerning the cleaning and return of the Boat.
Depending on the selected Subscription level (see paragraph 4.2), the User might have a right to add an additional user to his/her Agreement, being able to use the Boats independently (hereinafter “Additional user”). Also in this case, the User is fully and solely responsible for all terms, rights and obligations of this Contract, even if the Additional user might use the Service and Boats without the User. The User is also fully responsible to share the rights and obligations of the Contract to the Additional user.
In the case the User has added an Additional user to the Service, the term “User” includes hereinafter the User as well as the Additional user.
The User may use the Boats by making reservations (hereinafter “Reservation”) through the Service. The Reservations entitle the User to use the Boats during the following periods (hereinafter “Rental Period”):
• from 8.00 to 14.00 or another similar period (hereinafter “Morning Reservation”)
• from 14.30 ro 19.00 or another similar period (hereinafter “Evening Reservation”)
For the sake of clarity, it shall be stated that when agreeing to this Contract, the User acknowledges that “another similar period” reference means that the Operator has the sole right to maintain different Rental Periods in different Boat rental locations and in different boat models.
Users can via the Skipperi Application have access to two different types of reservations to book boats, spontaneous reservation and advance reservation, of which the rental period for a spontaneous reservation must start today or tomorrow from when the User has made the reservation and the rental period for an advance reservation can start earliest day after tomorrow from the time the User has made the reservation.
Because the Service has more users than Boats, the Operator does not in any way guarantee that the Boats would be always available to the User. However, the Operator guarantees that the User has a chance to use a Boat within seven (7) days from making the Reservation, given that the User does not have any pending Reservations.
The User will select the Subscription level between different full memberships and other subscriptions (hereinafter “Subscription level”) while committing to the Service and this Contract. The Subscription level defines the level of access to the Boats including but not limited to, reservations types, days of the week, Rental Periods, Harbors and possible additional services included in the Service.
Different Subscription levels might also have included additional services or a possibility to buy additional services. Additional services are for example but not limited to, extra reservations, possibility to extend Rental Periods, additional users or training events.
All included rights and additional services of different Subscription levels are visible on Skipperi’s internet pages and also in the User’s “my Skipperi page” after the order.
Upon making a Reservation, the User will receive instructions on how to access the Boat’s home pier. The keys of the Boat are located either in the Boat or near the Boat in a lockbox that opens with a code.
In connection with the Boat being picked up and before the Boat begins to be used, the User must, via the Skipperi Application, take a clear photo of the Boat’s propeller, skeg and an overall picture of the Boat. Instructions on how to take photos can be found in the Skipperi Application. Photos must be taken so that the Operator can determine whether the Boat has been damaged during the Rental Period. Users must verify in the Skipperi Application that the Boat is not damaged before use of the Boat begins.
The User is always the captain of the Boat and is responsible for the safety of the Boat and the crew for the whole Rental Period. The User must always be in the Boat while the Boat is on the move. If the Boat is taken ashore during the Rental Period, the User must adequately lock and fasten the Boat and ensure that the Boat does not get damaged or stolen. The User has an obligation to take care of the Boat as a careful person takes care of his/her own boat and exercises special care and caution when using the Boat. When using the Boat, the User agrees to comply with all laws and the like.
If the User does not drive the Boat himself/herself, the User must ensure that the person driving the Boat fulfils, understands, and agrees to comply with the prerequisites that are required from the User under this Contract. The User is responsible for all the actions of the person driving the Boat during the User’s Rental Period.
The User is responsible that all passengers are wearing adequate life jackets while the Boat is on the move.
It is allowed to bring pets into the Boats.
The User is responsible for refueling the Boat during the Rental period, or as instructed in the Skipperi Application. The User will not be charged any additional charges, if the User always refuels the Boat according to the User’s own actual consumption. The User will also not be in any case obligated to refuel more than the User’s own actual consumption during the Reservation.
The fuel consumption of the Rental Period so far and estimated consumption from the fueling station to the home location is visible in the fueling section of the Skipperi Application. The time period to which the consumption is based is visible with the consumption. If the time period, or consumption level, does not match the actual boating time, it might be that the full consumption has not yet been transferred to the Skipperi Application. In this case, the User can check the actual fuel consumption from the Boat’s systems, which is measuring the fuel consumption in real time.
The Skipperi Application gathers the information about the amount of fuel consumed and refueled by the User from each Reservation to maintain the User’s Fuel Balance (hereinafter “Fueling rules”). If the User does not refuel the boat for any reason, or refuels less than the consumption during the Reservation, the difference between consumption and refuelling will be marked as a minus balance to the User’s Fuel balance. The User may also refuel the Boat with more fuel than what was used during the Rental Period. Where the User refuels the Boat with more fuel than is necessary, the User will receive plus balance to the Fuel Balance. The Users Fuel balance is a sum of all minus and plus balances from the Reservations, and is visible to the Users in the Skipperi Application.
The Operator maintains the fueling rules of the Service (hereinafter “Fueling rules”). The fueling rules might allow the User with some restrictions not to refuel the boat during or after each reservation. The fueling rules also include the process of how the Operator is charging possible negative fueling balances as well as compensating plus balances. Fueling rules will be published before the Season, and if the Fueling rules are changed during the season, the User will have the possibility to balance the Fueling balance with previous valid rules.
For the sake of clarity, in all cases, if the User refuels the Boat always with the same amount of fuel that was used during the Rental Period, the User shall not bear any extra costs not depending on the Fueling rules.
The User is always liable to report accurately to the Skipperi Application the amount of fuel he/she refueled. In addition, the User shall take a picture with the Skipperi Application of the refuelling receipt or the fuel pump so that the picture clearly shows the litre amount of fueled fuel and all other relevant information. If the receipt is not available from the station, the User can also take a picture of the fuel pump display clearly showing the litre amount and litre price of the fueling. If the refuelling is done by a canister, the picture shall be taken from the refueling receipt with which the canister is filled.
If the picture taken from the receipt or the fuel pump does not include above mentioned relevant information, or if the picture is missing, or if the User has not reported the amount of refueled fuel to the Skipperi Application, it will be interpreted that the User has not refueled the Boat at all, and thus, the fuel used during the Rental Period shall be marked as minus balance.
Only 95 or 98 gasoline must be used as fuel in the Boats. If the User fuels the Boat with unsuitable substance, the User is responsible for any and all damages it causes.
The User must return the Boat within the Rental Period to the same port where the User received and took over the Boat. The User shall end the Reservation through the Service when returning the Boat. The User’s Reservation and Rental Period shall end when the Boat has been returned and the returning process has been carried out in the Service.
The User shall return the Boat properly attached, cleaned and the key returned to the key box intended for it. The User shall ensure that the Boat is in at least as clean and usable condition as it was at the time of the Boat’s handover.
The User may normally cancel the reservation without penalties or charges 24 hours prior to the Rental Period. Cancellation must always be done in the Skipperi Application. Pay-as-you-boat Usage fees are not normally refundable when cancellation is made later than 24 hours before the Rental Period starts.
Some Subscription levels might include a cancellation fee. Cancellation fees are available in the Skipperi price list.
Yamaha Motor Co. Ltd. And its direct affiliates (Yamaha) and the Operator have the right to collect and store information provided by the Boat’s systems during and after the Reservation and Rental Period. Such information includes:
• Location data, speed, and journey of the Boat
• Drive time of the engine
• Gasoline level in the fuel tank
• Fuel flow data
• Sounds and vibrations of the hull and the engine
• Maintenance requests of the system
Yamaha and the Operator may transfer the data related to the usage of the Boat to its partners.
The Operator shall ensure that the Boat handed over to the User is in a good shape and fulfils all requirements of the law. In addition, the Operator shall ensure that the User receives adequate guidance and instructions on how to properly use the Boat.
If the User does not receive the Boat in accordance with the Reservation due to the delay of another user, the Operator shall pay the User 50 € as compensation. If the reason for the delay is force majeure, the Operator does not have an obligation to pay the 50 € compensation.
The selected Subscription level defines the User’s fees including, but not limited to, joining fee, seasonal fee, usage fees and additional service fees, which will be normally charged from the User’s payment card registered to the Service.
The full Season fee charged by the Operator from the User is set by the Operator before the beginning of each Season (hereinafter “Season fee”). The Season fee is normally divided into monthly payments. Amount of monthly payments equals the amount of months in the Season. Monthly fees shall be charged automatically from the User’s registered payment card each month, based on the User’s subscription cycle as determined by the Service.
User may also be given the option to pay the Season fee in one instalment or divide the Season fee into more instalments than there are months in the Season. Also in this situation, the User is obligated to pay the full Season fee not depending on the length of the Season.
In addition to the Season fee, depending on the Subscription level, a usage fee will be charged from the User’s payment card at the beginning or after the Reservation. The usage fee is determined in the valid price list.
Depending on the Subscription level, the User might have the possibility to buy different additional services. Additional services might increase the Season fee, or they might be one time purchases. The prices of the additional services are visible in the Skipperi price list. The Operator has the right to change the prices of the additional services also during the Season.
If the Season fee, monthly fee or other fees from the User’s payment card cannot be charged due to insufficient funds on the card, due to the card not working, or due to other reasons, the Operator has the right to temporarily prevent the User’s from making reservations to the Boats and invoice the unpaid charge and/or transfer the unpaid payment to a collection agency. The User’s right to make a reservation will be restored after the User has fully paid all fees due with possible penalty interest and other collection agency fees. Temporarily closing the User’s reservation right does not take away the User’s obligation to pay the Service also from the time period when the reservation right has been closed.
If the Operator is unable to charge a fee from the User’s payment card, the Operator has a right to invoice all missing fees retroactively.
If the amount of a missing payment is till due after 45 days, the Operator has the right to invoice the full outstanding yearly amount to the User and to charge interest of 5% + statutory applicable interest rate for total amount owed until full payment. Also, the Operator has the right to pass the outstanding debt onto a debt collector. The User is liable for any debt collection and/or legal fees in this case.
If the User detects any faults or anything strange in the use of the Boat, the User shall immediately inform the matter through the Skipperi Application. If the matter is possibly preventing the usage of the Boat, or that the Boat or a part of the Boat has been stolen or otherwise vanished during the Rental Period, the User must also inform the Operator’s customer service by phone. Phone numbers can be found from the Skipperi Application.
The User is liable to reimburse the Operator up to the maximum damage fee for (i) damages to the Boat or its equipment, (ii) parts or equipment missing from the Boat and (iii) any damages to third parties that the Operator has to reimburse for reasons occurred during the Rental Period or as a result of it.
Notwithstanding, there will be no limitations to User’s liability for any damages to the Operator or to any third-party if there is a breach of this Contract and in these circumstances:
a) Use of the Boat for illicit purposes involving criminal liability;
b) Use of the Boat outside the authorized navigation zones or 6 nautical miles from the shore;
c) Harm to the environment, in particular those caused directly or indirectly by pollution or contamination of the soil, water or atmosphere;
d) Acts or omissions carried out under the influence of alcohol or alcoholic beverages on a blood alcohol level, and/or the use of narcotics off prescription or on dementia, either by the user or by any other person for whom the User is civilly liable;
e) The infringement or non-observance of general navigation regulations and special regulations of ports, captaincies or other maritime authorities or any other national or international legal provisions;
f) Willful misconduct, fraud or deceit on the part of the User or any facts resulting from violation, blockade, smuggling or prohibited or clandestine trade;
g) Excess of cargo or overcrowding;
h) Damages or losses due to insufficient supply of fuel or filling the fuel supply with water or inappropriate fuel;
i) Docking or attempting to do so in a place that does not meet the required technical conditions.
If the User does not return the Boat in accordance with Section 4.5 or 4.6 (refuelling, fastening and cleaning), the Operator has a right to charge the payment card registered by the User in the Service with all expenses caused that arise from the non-compliance. Most common fees, such as cleaning fee, refuelling fee and careless fastening fee can be found from the price list.
If the Reservation is cancelled against the provisions of Section 4.7 or the Rental Period is not used at all, the Operator has a right to charge a cancellation fee according to the Skipperi price list from the payment card registered by the User in the Service.
If the Boat is returned after the Rental Period, the Operator has a right to charge a late return fee according to the price list from the payment card registered by the User in the Service.
If the User does not inform the Operator about the damage he/she has caused to the Boat, and the damage is by nature obvious and severe, the User shall pay 1 000 € contractual penalty if the Operator so demands. Where such damages exceed the 1 000 € contractual penalty, the User shall also compensate for the damages exceeding 1 000 € if the Operator so demands.
If the User detects any faults that are not a result of the Operator’s intentional actions or gross negligence, the User accepts that the Operator shall not be in charge of any direct or indirect damages that may have arisen as a result of the fault. The Operator’s liability shall not be more than the amount of one (1) monthly fee.
Depending on the selected Subscription level, The User has the right under this Contract to use all the Skipperi Boat Club Boats that belong to the User’s valid Skipperi Boat Club Contract in all Skipperi Boat Club countries and harbours. The primary Skipperi Boat Club country of the User is considered to be that country whose Skipperi Boat Club Contract has been primarily accepted by the User when joining the Service.
Before booking a Boat from the User’s non-primary Skipperi Boat Club -country, the User must ensure that the valid requirements of each Skipperi Boat Club -country regarding possible boating licence, local terms and conditions, privacy policy as well as other requirements relating to the use of Boats are fulfilled.
The User must accept the terms of use, general terms and the privacy policy of the local Skipperi Boat Club -country before being able to book a Boat from that particular country.
Instead of this Contract, the Local Skipperi Boat Club Contract shall prevail to the booking, use, refuelling, return of the boat and any event of damage and dispute. However, the Yearly fee of the Service is determined by the Skipperi Boat Club Contract of the User's primary country of use.
The Operator has the right to charge a separately defined additional fee from Users who are Skipperi members, boating in other Skipperi Boat Club locations than where they have signed their Skipperi Boat Club Contract.
This Contract enters into force once the User orders the Service and shall be valid for a 12 month season. This Contract will automatically renew each Season unless terminated by the User in writing not less than three (3) months prior to the yearly anniversary on which the User began the Service (“Termination Period”). If the User does not terminate the Contract during the Termination Period, the User agrees to pay the yearly fee for the next Season.
If the User has not paid the full Season fee within the previous 12 months, the Contract shall be terminated by way of derogation to the above mentioned with immediate effect on the day of termination.
The User has the right to terminate this Contract with immediate effect, if the Operator changes Season fees or other major terms of the Contract. Termination must be done within two weeks after the changes have been published. If the User uses the Service during these 2 weeks, the right to terminate the Contract is not valid.
The Operator has the right to terminate this Contract with immediate effect if it becomes apparent that the User materially violates this Contract, or is not able to handle a Boat appropriately based on the Operator’s assessment. The User shall not have a right to any expenses arising from the aforementioned.
The Operator has the unilateral right to terminate this Contract and the renting of Boats with immediate effect for any reason.
This Contract is governed and interpreted in accordance with the Laws of Portugal. If the Parties are unable to settle their disagreement by negotiation, the User can submit the matter to the court of Lisbon, Portugal. In case the User is a consumer, the User may use the following consumer arbitration center: Centro de Arbitragem de Conflitos de Consumo de Lisboa through the contacts available at www.centroarbitragemlisboa.pt
The Operator has the unilateral right to make modifications to the rental terms of the Boats during the Season based on customer feedback and level of use. The Operator has also the unilateral right to make modifications to this Contract during the Season where such modifications are specifically agreed upon in the Contract.
In addition, the Operator has a unilateral right to transfer the Contract to a third party. The User does not have a right to transfer the Contract to third parties.
Damage and penalty fees
• Maximum damage fee: 1000€
Penalties:
• Cleaning fee: 100€
• Refuelling fee: 100€
• Careless fastening of the boat: 100€
• Cancellation fee before the reservation: 50€
• Cancellation fee if the reservation is not cancelled: 50€
• Late return fee: 100€ per hour
The User hereby declares and acknowledges that it has read and understood the terms and conditions provided herein and that by entering into this Contract, it accepts to be bound by them.