The general partnership under the name “ALL ABOUT SEA HELLAS G.P.” and the distinctive title “ALL ABOUT SEA”, having its registered seat in Ialysos, Rhodes, Greece, 20 Heraklidon Avenue, (hereinafter referred to as the “Company”), owns the boat mentioned in the private agreement (as well as any other boat that might replace the aforementioned boat) to the below undersigned (m/f) captain, (hereinafter referred to individually as “Lessee”), pursuant to the general rental terms of the Company, as these are published from time to time in the website of the Company (www.all-about-sea.com) (hereinafter referred to as the “Terms & Conditions”), as well as in accordance with the below described in detail special terms and conditions, which the Lessee fully and irrevocably accepts as of and by signing the agreement:
- GENERAL
0.1 The Company’s motorboat “SR 1644 Dolphin 10” available for rent, is rented in accordance with the provisions of the Port General Regulation Nr 20 (Government Gazzete B’ 1929/2018). The Company’s motorboats “TR 1261 Aura”, “SR 1645 Nausika” and “SR 1646 Nefeli” available for rent in accordance with the provisions of the Port General Regulation Nr. 38 (Government Gazzete B’ 2390/2019).
0.2 No speedboat license is required for the rental of a motorboat less than 30 hp. Only a valid Driver’s (Car) License is required.
0.3 Only the number of the passengers stated in the official documents must embark on the boat.
0.4 The Lessee and all other members on board are obliged to wear life jackets at all times.
0.5 The Lessee agrees to drive the boat at a maximum distance of 3 NM (nautical miles) parallel to the shore and not further than 1 NM away from the shore (1 nautical mile = 1.852 meters).
0.6 If the boat for which the reservation was made becomes unsuitable for rental or unavailable for any reason whatsoever (eg damage or theft), the Company undertakes to deliver another boat with similar features to replace the first one at the same or lower price (not higher). If it is not possible to replace the boat, the Company offers the Lessee an alternative date and time for the rental.
0.7 In case of a sudden change in weather conditions that are considered by the Company to be dangerous for the Lessee, the Lessee agrees to return the boat immediately to the Company’s branch. The Lessee is not entitled to money compensation at the event of any remaining rental time, whereas the Company will allow the Lessee to use the boat for the remainder of the time at a date convenient for both parties, free of charge.
0.8 As defined by the law, the boat is equipped with lifesaving and emergency equipment: personal life jackets, circular lifebuoy, floating device, fire extinguisher, first aid kit, etc., as well as a leaflet of basic rules of safe cruising with a nautical map of the area.
- All the boats must be returned by the arranged time and always before sunset. Sailing after sunset is strictly prohibited by marine law.
- All underage passengers must be always supervised by adults.
- LESSEE’S QUALIFICATIONS
1.1 The Lessee, by signing the agreement, declares that he/she has the required qualifications to lease the boat, and more specifically:
1.1.1 The Lessee declares that he/she has the minimum 18-year age limit, and holds a valid, effective and in force driver’s license, issued at least one (1) year prior to the execution of the agreement.
1.2 The Lessee and any other person embarking on the boat are prohibited by law to be under the influence of alcohol, toxic substances or drugs that, according to their instructions for use, may affect the driver’s ability (Greek Road Traffic Code, Article 42, Paragraph 1). The respective penalties are defined by the Port General Regulation and Police.
1.3 The Lessee and any other person embarking on the boat are prohibited from carrying any alcoholic beverage, toxic substance or drugs on board.
1.4 The Lessee and any other person embarking on the boat must know how to swim.
1.5 An extensive explanation of the basic safety rules and rescue equipment, as well as a complete demonstration of the operation of the boat is provided by the Company before embarkation. The Lessee will be made familiar with the main features of navigation, docking or mooring of the boat.
1.5.1 The Lessee must be physically able to perform the tasks involved in the safety operation of the boat. It is necessary to demonstrate their ability to use the boat in the sea. The Company reserves the right to refuse the rental processes for the safety of the Lessee.
1.5.2 The Lessee of the boat agrees not to allow any of the passengers during the rental period to navigate the boat. All passengers board the boat at their own risk and should avoid any behavior, onboard or at sea, that would endanger themselves or others.
1.5.3 The Lessee must comply with the basic safety rules regarding the handling of the boat and in general the applicable legislation regarding traffic at sea, diving and fishing. In case of any incident, damage or injury, the Lessee will bear all responsibility and will be held accountable to the authorities.
- BOAT DELIVERY-PICKUP
2.1 Upon signing the agreement, the Lessee declares that, after carefully inspecting the leased boat and concluding that this boat is in perfect condition, of his/her absolute liking and suitable for the intended use and purpose of the rental, he/she has received the boat without prejudice. He/she acknowledges that at the time of return and delivery of the boat to the Company, he/she shall be asked to sign a relevant supporting document for any existing damages in the boat.
2.2 Moreover, the Lessee declares that by the execution of the agreement, the boat has been delivered to him/her full of fuel, the price of which is included in the rental rate.
2.3 At the time of expiry or termination of the agreement by any means, the Lessee is obliged to promptly return the leased boat to the Company’s branch stated in the private agreement, where he/she has picked up the boat.
2.4 In any case, the Company shall not be liable for the loss or damage of any asset/property of the Lessee or/and any third party found inside or outside the leased boat.
- TERM AND TERM EXTENSION OF THE RENTAL
The Company shall hire the boat to the Lessee for the period of time, explicitly specified in the private agreement, which cannot be shorter than one (1) hour. If the Lessee wishes to keep the leased boat for a period of time longer than the agreed one, he/she should contact in writing the Company’s branch, where he has picked up the boat and sign a new Rental Contract. If the Lessee does not return the boat at the agreed place and time, he/she shall be in breach of the terms of the agreement and he/she shall be obliged to pay damages to the Company for each additional hour of retention of the boat. Furthermore, after the lapse of the agreed time for the return of the boat, the Company is entitled to remove and take over the boat, without the Lessee’s consent, whenever, wherever and by any means whatsoever, even at the expense of the latter.
- LESSEE’S OBLIGATIONS
4.1 The Lessee undertakes in principal the obligation to pay in advance to the Company, and in any case by the termination of this rental agreement: i) the agreed rental price stated in the front page of the private agreement ii) any additional charge stated in the private agreement or which may arise upon return and delivery of the leased boat to the Company.
4.2 The Lessee further undertakes the following obligations:
4.2.1 To keep and return the boat in a good condition, using it properly, in accordance with the directions of the manufacturer and the Company and promptly notifying the Company of any defect or malfunction or mechanical reading that might be displayed on the boat. No third party is allowed to proceed to works or/and repairs in the boat without the prior special written consent of the Company.
4.2.2 To park the boat in a guarded area meeting all security regulations towards the prevention of any theft, damage or physical distortion of the boat. More specifically, when the boat is not used, the engine should be trimmed up, the boat should remain locked, whereas the keys and the run-off should always be in the possession of the Lessee.
4.2.3 To use the boat, only and exclusively, for the purpose specified herein and apart from that, to abstain from lending, leasing, or in any other way, disposing or granting third parties the right to use the boat, as well as driving the leased boat outside of the Greek borders or the indicated areas designated by the Company.
4.2.4 To abstain from using the boat: a) for unlawful purposes or for purposes contrary to the currently applicable National and European laws; b) in violation of the provisions of the INTERNATIONAL REGULATIONS FOR PREVENTING COLLISIONS AT SEA; c) for transport purposes in return for payment, occasionally or systematically, of individuals or objects / products, especially explosives; d) in rallies or motorsports; e) for the purposes of learning to drive; f) for towing or pushing of other boats. Further, the use of the boat by anyone under the influence of alcohol, drugs, hallucinogenic substances, barbiturates or any other substance, which adversely affects the ability to drive and the state of consciousness.
4.2.5 In case of an accident, the Lessee is obliged: a) to promptly inform the Company; b) to collect the data of the eyewitnesses; c) to prepare a rough drawing on the conditions and further circumstances of the accident; and d) to complete in any possible detail, within forty eight (48) hours, the relevant notice of the accident provided by the collaborating with the Company insurance company.
4.2.6 In case of breach of his/her aforementioned obligations, the Lessee is fully liable to pay any imposed throughout the term of this rental agreement penalties, administrative fines and legal fees, and in general any damages of the Company, positive or negative (loss of revenues, profits etc.), without the exclusion of any other type of compensation, and irrespective of whether the Lessee has accepted any optional exemption-coverage of his/her liability, in accordance with the Terms & Conditions.
- INSURANCE OF THE BOAT- COVERAGES
5.1. The leased boat is insured:
5.1.1 against third parties (the Lessee excluded) for death and physical injuries up to the amount of €150,000.00 per victim; and
5.1.2 for material damages of third parties per accident up to the amount of €150,000.00.
5.1.3 for causing sea pollution per incident up to the amount of €150,000.00.
5.2. In case that, during the term of the rental agreement, any damage/harm is caused to the leased boat, to the Company or/and to any third person, due to whatever reason and cause, which (damage/harm) is not covered by the relevant insurance policy/contract, and irrespective of whether this has been caused by the Lessee’s fault or is due to incidental events or force majeure, the Lessee is obliged to compensate the Company up to the amount corresponding to the total commercial value of the boat at the time of the incident.
- DAMAGES
The Lessee is responsible for any damages caused to the boat, the engines, the provided equipment, not covered by the insurance stated above, as well as for any physical injuries that may occur to the passengers onboard the rental or other boat affected by the rental boat.
- PROCESSING OF PERSONAL DATA
The Company in its capacity as Controller, within the meaning of article 4 par.7 of GDPR, shall collect and process personal data of the Lessee for the purpose and on the basis of implementation and enforcement of this rental agreement, its compliance with its legal obligations, as well as the fulfilment of its legal interests. More specifically, the Company shall collect and process identification data (e.g. name and surname, father’s name, gender, date / place of birth, family status, profession, nationality and other demographic data, driving license data, Identity Card Number/Passport Number or other equivalent document, T.I.N.), data which the Lessee registers upon creation of a user’s account in the websites or/and the applications (apps) of the Company (e.g. e-mail address, password, first name, surname, telephone number), contact data (e.g. postal or/and e-mail address, fixed or/and mobile phone number), financial data (e.g. credit or debit card data), Company’s boat rentals history record data (e.g. the locations where the Company’s boats have been leased, booking codes/numbers, the time and place of return/delivery of the boats to the Company, account data for payment, insurance preferences, natural gas consumption, distance in kilometers travelled, numbers of leased boats and other information related to the boats’ rentals), boat’s GPS tracking system data, data of the leased boat (e.g. traffic violations’ data, accidents data, notices / declarations and other data in case of an accident). The aforementioned personal data shall be kept by the Company for as long as it is required for the fulfilment of each processing purpose. Recipients of the data are originally the legal representatives of the Company or/and other, individuals or legal entities, with whom/which the Company may cooperate, directly or indirectly for the purpose of fulfilling each processing purpose, such as, indicatively and not exclusively, Greek Authorities, insurance companies, transport service providers, who are in any case contractually committed to process these data exclusively for the purposes for which these data are transmitted. As data subject the Lessee has the right to access the data concerning him/her, the right to request the correction of inaccurate data, the right to data erasure, the right to restriction of data processing, the right to data portability and the right to object against the personal data processing, in accordance with the provisions of articles 15-21 of GDPR, without prejudice to the provisions of articles 33, 34, and 35 of Greek Law 4624/2019 (published in the Government Gazette Issue 137/A’/29.08.2019). Furthermore, the Lessee has the right to file a complaint before the Data Protection Authority (DPA), in accordance with the provisions of article 77 of GDPR, if he/she considers that his/her data processing is contrary to the applicable laws on personal data protection (postal address: 1-3 Kifissia’s str., PC 115 23, Athens, tel: +30 210 6475600, fax: +30 210 6475628, DPA web portal: www.dpa.gr, e-mail addresses (e-mail): complaints@dpa.gr).
- OTHER TERMS
The terms of the agreement are valid and applicable even in case of replacement of the originally leased boat, or extension of the rental term, whereas any amendment of the terms of the agreement shall be null and void, unless it is agreed in writing. The Company reserves the right to a direct termination of the agreement, in the event of breach of its terms, as well as to immediately recover the boat. The said termination does not exclude the filing of a claim by the Company against the Lessee for the payment of outstanding debts of the latter to the Company under the agreement, nor does it exclude the charging of the Lessee with the respective recovery expenses of the leased boat.
- GOVERNING LAW – JURISDICTION
The terms of the agreement are governed by the Greek laws, based on which these terms are also interpreted. For the resolution and settlement of any dispute arising from the interpretation or/and enforcement/implementation hereof, the Courts of Rhodes shall have exclusive jurisdiction.