General

1. Equipments are only hired to members of the public over 18 years old. Anyone under the age of 16 and those that cannot swim must wear a life jacket at all times.

2. The Company reserves the right not to hire a equipment to any person whom it considers is unsuitable to operate the vessel.

3. No liability to the Hirer is accepted by the Company for loss or damage to the Hirer’s belongings.

4. No liability to the Hirer is accepted by the Company for injury to or death of the Hirer during the course of the hire or during embarkation or disembarkation.

5.a. In the event the contract is cancelled by the Company due to bad weather, the Hirer will be given their money back.

The Company Will:

6. Full tuition will be given to the Hirer in the handling of our equipment. It is the Hirer’s responsibility to deem that adequate instruction has taken place and sign the declaration provided to confirm this. The safe navigation of the equipment, its equipment and all passengers, will then become the responsibility of the Hirer.

The Hirer Will:

7. Use the equipment in a manner which is consistent with the rules of navigation and shall at all times take into consideration other users of the Mar Menor whether in equipment or not. Under no circumstances will the equipment be taken into no go areas specified in the briefing given before start.

9. Be responsible for late return fees (€20 for each half hour) if the equipment is late in being returned for any reason.

10. Ensure that all members of the party comply with these terms and conditions and the rules set out during the safety briefing.

11. Be liable to the Company for all damage to the equipment, its contents and equipment caused by the Hirer’s use of the vessel.

12. Be liable to pay the company for any breach of our rules including excessive noise, standing on the seats.

13. Return the equipment after hire in the same state and condition as it was when it was hired.

14. Equipmenting can be Hazardous. While the Company has taken all reasonable care in the preparation of the vessel and in the provision of safety equipment, the Hirer is responsible for their own safety, the safety of third parties affected by their actions and the safe return of the vessel. The Hirer will be liable to repay the Company for any loss or damage to the equipment or its equipment caused by the action or negligence of the Hirer.

15. In particular it is the responsibility of the hirer to ensure that: 1) Passengers do not stand on the equipment sides or seats at any time, as this is a dangerous practice. 2) Passengers remain inside the equipment at all times with weight balanced evenly across the vessel. 3) Passengers are wearing suitable buoyancy aids where appropriate. 4) Any person taking control of the equipment remains sober whilst navigating. Alcohol limits are as defined by the Public Road Traffic Acts. The person in charge conforms to the general water restrictions.

Unsuitable hirers:

16. We reserve the right to decline a booking or refuse to hand over the equipment to any person who, in our opinion, is not suitable to take charge.

17. We reserve the right to repossess the equipment at any time. This may occur where:
a) An accident or damage has occurred. b) We have reason to believe that an accident may occur because of the unsuitability of the Hirer. c) Where a equipment is found to have more passengers aboard than those listed on the booking form. d) Where the Hirer is causing a nuisance to the public. e) For any other reason

In any of the above cases (16&17) we shall not be liable to make a refund of any part of the hire charges or damage deposit paid.

Injury or damage:

18. We are in no way liable for death or personal injury, or loss or damage to your property or that of any passengers unless it is caused by our negligence.

19. The Hirer is in charge of the equipment and is responsible for its safe navigation. In the event of an accident involving another equipment or other craft or property, it is the Hirer’s responsibility to establish the name of the equipment involved together with the names and addresses of the owner and/or hirer and if possible obtain names and addresses of any witnesses. Under no circumstances should anyone admit liability. Any such incidents must be reported as soon as possible with full details of the accident and damage. All accidents and damage including personal injury, however minor, must be reported on your return.

Insurance

20. The equipment is fully insured, but the Hirer is responsible for the cost of any loss or damage to the vessel. This cover does not include personal belongings, damage resulting from careless or reckless behaviour, or any malicious, deliberate, or alcohol-affected act. The Hirer is responsible for any costs arising from such incidents.