GENERAL CONDITIONS OF CARRY

SPECIAL CONDITIONS

Smoking on board is prohibited while indoors. Smoking is only permitted in outside areas designated by the crew.

Minors must be accompanied or supervised by an adult at all times, not by the crew.

Professional diving is allowed under the supervision of qualified professionals in authorized areas.

The captain is not responsible for the use of nautical toys that are not included in the ship’s inventory. The client is responsible for their proper use.

Any damage incurred during the term of this contract to persons or property or to the watercraft rented for their use shall be borne and paid for by the client with their current and future assets. This clause expressly releases the owner from all items related to its content.

Payments (including VAT) must be paid in full prior to boarding.Tipping crew is a customary and voluntary, though not mandatory, practice at the discretion of the client.Illegal drugs or weapons on board are strictly forbidden. Discovery of use of any illegal drugs or weapons may lead to termination of contract and an early return to harbor.

USE OF THE SHIP

The client undertakes to use the ship well and to keep it in good condition.The captain is responsible for the ship and navigation with the appropriate safety measures. Therefore, the renter and the other passengers undertake to follow the instructions of the captain and the crew at all times.

The client is responsible for all actions of the persons on the passenger list. The client undertakes not to take more people on board than are permitted by law and the ship’s license. The renter may only use the ship for pleasure trips. Trading, sub-rental, transfer, professional fishing, transportation, regattas, or any activity or use prohibited by law is expressly prohibited. If this is the case, the client must answer personally to the relevant authorities, even in the event of negligent misconduct. If any of these circumstances result in the detention of the Vessel, the client shall pay owner compensation equal to the charter fee in effect while the Vessel was detained. In the event of confiscation, the client must return the value of the Vessel, within 10 days, which at that time shall be mutually agreed as the value in the insurance policy of the chartered Vessel.

PRICE, DEPOSIT, PAYMENTS, RENEWAL

The validity of this contract requires, as a suspension clause, that the client has paid 100% of the total charter price, prior to scheduled departure.

The amount provided as Stay Aboard Deposit (APA., as its Spanish acronym is) is used to cover any expenses arising out of the charter that are not included in the charter fee (e.g. improper use of the toilet, vandalism). If the APA deposit is not collected, the client must pay the charter-related expenses prior to disembarkation. If the APA exceeds the expenses incurred, the remaining amount must be reimbursed to the owner; If the APA does not cover the costs incurred, the client undertakes to pay the difference.

If the client is deprived of the use of the watercraft in whole or in part due to a disruption during the charter, he is not entitled to claim a refund of the amounts paid, unless this is due to the performance of the service by the owner, in which case the renter will be reimbursed for the remaining contract hours.

The client undertakes to pay the owner the amount corresponding to the price agreed in the charter contract according to the term, insurance, equipment, and additional services as well as applicable taxes and fees; all or part of the damage not covered by the indemnifications agreed upon by client; the amount corresponding to the fines for any violation of the legislation in force, as well as the fees for late payment and the judicial and extrajudicial costs that the owner may incur as a result of the foregoing.The client is only permitted to bring his own food or drinks on board after prior agreement.

INSURANCE

The vessel that is the subject of this agreement is covered by an insurance policy. A copy of this insurance policy is on board. The client acknowledges that they are aware of its contents and scope and undertakes to take all necessary measures to act in accordance with the obligations contained therein, being solely responsible for the consequences arising from the breach of these obligations. The owner has a valid liability insurance.

Only guests which have been registered on the on board passenger list prior to leaving the harbor, will be ensured during their stay on board of the “Marco Polo Ibiza”. Ibiza Pirate Enterprise SL shall not be liable for any damages by or injuries to persons or property concerning guests which board the “Marco Polo Ibiza” after leaving the harbor, or those which board from other vessels. Those guests shall be covered by the insurance of the vessel which they originally boarded

PASSENGERS‘ ITEMS DURING THE AGREEMENT

The owner is not responsible for any damage or loss to the property of the passengers that may be caused during the charter period.

CANCELLATION

The client can unilaterally withdraw from the charter contract 60 days before the scheduled date without being obliged to pay any compensation and is entitled to a refund of the amounts paid.

If the charterer makes this decision 60 days prior to the ship delivery date, the owner will attempt to re-charter the ship; if possible, the client will be reimbursed for the amount previously paid. Otherwise, the owner keeps 30% of the total charter price, including VAT.

For one-day charters, if the captain deems that weather conditions may affect navigational safety, he may reschedule the charter to another date, subject to vessel availability, if weather conditions later permit, convert to a half-day trip (with refund of the difference) or refund the entire charter fee, as the client decides.

LEGISLATION

This Agreement shall be governed by and construed in accordance with the laws of the country in which it is signed. The parties, expressly waiving their own jurisdiction or any other jurisdiction to which they may have access, mutually agree to submit any dispute arising out of the content or interpretation of this agreement to the judges and courts of Ibiza and the relevant superiors present in the hierarchy.

If the obligations arising from this contract are violated, the client and all his accompanying persons are liable for the resulting consequences. If the client is sued by a third party, he releases the owner from any liability.