1. CONTRACT PURPOSE The lessor through the present contract assigns temporarily in lease to the leaseholder, who accepts, a mooring, based on the yacht’s characteristics, in the nautical-sports installations of the Club, which is for exclusive use of the mooring by the yacht as described on the reverse.
2. DURATION The contract comes into effect on the date indicated in the conditions of the lease as written on the reverse, and its duration will be as indicated on the reverse. Once the contract is finished, the leaseholder must leave the mooring in good condition. The leaseholder will be able to terminate the contract period in advance, with a corresponding part refund of payment made on account, only when notice of a minimum of two days is given in advance.
3. PRICE OF SERVICES AND PAYMENT Rates will be applied according to the information reflected in the yacht’s documentation and using the official rates for the year of the contract. The leaseholder is informed that said rates may be modified according to the procedure stipulated in the statutes. Payments must be made in advance. In case of direct debits they will be carried out monthly, otherwise quarterly payments must be made in advance. For delays in payment of more than four months, an increase of 5% will be added to the debt.
4. BREACH OF THE OBLIGATION OF PAYMENT OF THE LEASE In case of non-payment by the leaseholder, Article 117 of Law10/2015, 21 June, Puertos de Illes Balears, will be fully implemented so that the non-payment of any of the financial concepts described in the previous clause, and without prejudice to its claim, will result in the immediate cancellation of all port services as well as the adoption of the necessary measures to prevent the debtor and his/her boat from the use of the port spaces and facilities. Furthermore, if some payment is pending and the boat tries to enter again the port facilities, the Club can demand prior to the authorization of the services, the prior payment of the services owed and a guarantee for the future services to be used. In case of non-payment and/or not providing the guarantee required, the entrance to the Club and use of port spaces and services shall be denied. If the non-payment situation – total or partial – remains for a period of over 6 months, the boat will be considered as abandoned and the following procedure shall be followed:
1 - The Club will transfer the boat to a storage area and the costs involved will be charged to the leaseholder. For such purpose, the leaseholder expressly authorises the Club from this moment to do such transfer.
2 - The Club can initiate the Declaration of abandonment procedure in accordance with article 115, Law 10/2005, 21 June previously referred to.
5. ACCESS TO CLUB FACILITES AND SERVICES The leaseholder is allowed two electronic cards, subject to payment of a deposit, with which to access the Club and it’s facilities. If the cards are lost or damaged, the deposit won’t be returned. Likewise the corresponding payment or deposit must be given for water and electrical connections. Those with a deposit must be returned at the end of the lease in accordance with the Interior Regulations.
6. RESPONSIBILITY The use of the mooring by the leaseholder is exclusive and at the risk of the leaseholder. The lessor is exempt of any responsibility or damages that may be suffered by the yachts moored in the Club, their occupants, or goods on board, unless damages are are caused by the Club. The leaseholder is responsible for any possible damages caused by companions or guests.
7. SUBLEASE AND TRANSFER OF CONTRACT It is prohibited to sublease and transfer rights and obligations of this contract to a third person or to a different yacht from the one that is stated in this document.
8. CHANGE OF MOORING
1. The Club assigns the leaseholder the right to use a mooring, for the period indicated, suitable to the size of the leaseholder’sboat and, at any momento, the club can assign a new mooring always respecting the necessary needs to moor the boat. These changes must be justified as a consequence of the Club’s use of space, in order to avoid own damages or to third parties or when the leaseholder has not complied with his/her obligations of maintaining his/her boat in good conditions. The leaseholder must be notified of such change.
2. Fort he same reasons, the Club may lift out the boat and move it to the boatyard. Likewise, in emergency or urgent situations, an agent of the Club may access the boat in order to proceed to these changes or movements. These changes will be communicated to the leaseholder.
9. NOTIFICATION All notifications in relation to the present contract should be carried out in writing by recorded delivery to the leaseholder at the contact details as stated in the current contract. The notifications sent to these contact details will be assumed to be correctly carried out, unless a change of contact details is received by the Club in writing. The leaseholder will communicate any change in the contact details from that as stated on the reverse.
10. JURISDICTION The leaseholder renounces any other jurisdiction which they may be allowed, submitting themselves explicitly to the jurisdiction of the Tribunal Courts of Palma de Mallorca for the outcome of any discrepancies which could arise relating to the interpretation and/ or execution of the present contract.
11 DATA PROTECTION Person in charge of the data processing/ Data controller: Club Náutico el Arenal; Contact details: carrer Roses, s/n, en el Arenal, Llucmajor, provincia de Illes Balears, España. Mail: administracion@cnarenal.com; Purpose of the data processing: Mooring management, users, organitzacion and supply of different services; Conservation of the data: the personal data will be kept while a contractual relationship is held. Once it finishes, they will be kept if there is a legal oligation for it.; Legal reasons for the processing of data: the legal base for the processing of personal data is the execution of a contract and the consent in some clauses; Receivers of data transfers: The personal data can be communicated to Public Administrations legally determined, and Public Safety Forces; Transfers: there is no previsión of International transfer; Rights of the person concerned: they will be able to exercise the following rights: a) acess to the personal data; b) rectificación of personal data for its update; c) cancellation, when the data is not necessary for the purpose it was collected for; d) limitation of data processing in determined circumstances. In this case, the data controller will only keep data for the excercise or the defence of claims; e) opposition to the data processing, in determined circumstances and for reasons related to its own personal circumstances. In this case, the data controller, will only keep data for the excercise of the defensa of claims; f) portability of its personal data, when it is automated.. For which they have to adress the Club Nautico Arenal through written and signed request, together with a copy of ID Card/Passport, to the social headquarters which appears up above as person in charge of the data processing. The applicants have right to withdraw their consent in any time, without affecting to the legality of the processing based in their previous consent, prior to its removal. The applicants can present a claim at the appropiate Control Authority in Data Protection, specially when they have not obtained satisfaction in the exercise of their rights and the way to get in touch with the data controller.
TO BE ACCOMPANIED BY THE FOLLOWING DOCUMENTATION: • Yacht’s insurance • ID or Passport • Yacht’s registration documentation