Extracted from Terms and conditions of use
5.4. Renter’s reservation request
The Renter selects on the Website, or through any other of the contact channels made available to him, a Vessel, a Delivery date and an end date of the Rental, as well as, if applicable, one or more of the additional options proposed by IBIZANAUTIK in the chosen Ad. This selection constitutes a Reservation Request for the Vessel (the “Reservation Request”).
When making a Reservation Request, the Renter enters their bank details and undertakes to (i) pay in advance the amount of the Renter’s payment by credit card (see article 8), and (ii) authorizes IBIZANAUTIK to make a direct debit request in its account of the amount of the guarantee deposit in accordance with the conditions of article 5.6.
The Shipowner then has 1 to 72 hours to accept or reject this request. Once this period has expired, the Reservation Request will expire.
The Shipowner may accept or reject a Reservation Request, at its sole discretion. Unless the Vessel is owned by IBIZANAUTIK or is assigned to IBIZANAUTIK by third parties for its exploitation, in which case IBIZANAUTIK will act as Shipowner, it is limited to mediating between the User and the Shipowner, transferring, where appropriate, to the User the confirmation made by the Shipowner of the reservation.
5.5. Vessel Reservation
The amount of the payment made by the Renter is kept in a blocked account until the effective payment to the Shipowner or reimbursement to the Renter.
After charging the amount of the payment in the Renter’s bank account, in his credit card or through any other means of payment accepted by the platform, IBIZANAUTIK communicates to each of the Users the information and personal data of the other User. Users undertake to only make use of this information within the framework of the object Rental and to refrain from contacting them directly in the future to make a new Rental reservation outside of the platform offered by IBIZANAUTIK.
IBIZANAUTIK is not a party to the nautical lease reservation contract, the only party to the contract is the User and the Shipowner. Unless the Vessel is owned by IBIZANAUTIK or is assigned to IBIZANAUTIK by third parties for its exploitation, in which case IBIZANAUTIK will act as Shipowner, the company only acts as an intermediary between the two.
On the day of Delivery, the Shipowner and the Renter agree to sign a Rental Agreement between them.
On the day of the end of the Rental, the Owner and the Renter undertake to carry out a review of the departure, verifying the state of the vessel subject to the rental, and resolve any difference that may arise in this concept between the parties.
In the event that the Renter does not show up at the scheduled time for the return of the Vessel, he may have to pay the Shipowner an amount corresponding to the delay. The Shipowner will be in charge of communicating said amount to the Renter, before formalizing the Rental contract.
5.6. Security deposit
The Shipowner may require a security deposit to Rent his Boat, when the services of a professional skipper are not requested.
The amount of this security deposit is specified in the Advertisement. In case of omission on the part of the Shipowner, it is his sole responsibility to fix it in common agreement with the Renter and inform IBIZANAUTIK immediately, so that the company can record it in the corresponding Advertisement.
The acceptance of a Reservation Request for a Rental that includes a security deposit automatically entails the creation of a unique confidential identifier that allows the Renter to be indirectly identified and associated with his bank account in which the payment will be debited and, if applicable, the security deposit. This identifier constitutes a direct debit pre-authorisation. The entity that manages the security deposit will be the one that acts as Shipowner, depending on the case. IBIZANAUTIK will not manage the deposit and the claim file for a Rental in which the contract stipulates that the security deposit is managed by another Shipowner other than IBIZANAUTIK or that the amount of the security deposit is not completed and/or indicated at zero euros. The Renter undertakes to have sufficient funds in his bank account for the direct debit of the security deposit at the time of the reservation request, and to continue to have sufficient funds in said account until IBIZANAUTIK closes the claim file. IBIZANAUTIK’s security deposit management tool facilitates financial flows between Users. The Shipowner whose deposit is managed by IBIZANAUTIK undertakes not to require a deposit from the Renter.
IBIZANAUTIK is not responsible in any case for the management of the guarantee deposit under any aspect, especially in case of disagreement between the Shipowner and the Renter regarding the enforceability of the security deposit.
Users understand and accept that IBIZANAUTIK will not act as a mediator or arbitrator in the event of any dispute between Users.
During the twenty-four (24) hours after the end of the Rental, the Shipowner may request IBIZANAUTIK to open a claim file if he observes any damage to his Vessel that was not included in the Inventory of goods document at the time of the check-in. This period may be extended exceptionally in the event of non-visible damage, upon presentation of formal proof that the damage is attributable to the Renter. This request must be made directly from the email address email@example.com and be accompanied by the rental contract signed by each of the parties that appear in the contract, the signed check-in and check-out Inventories of revision of the Vessel, and photographs and videos (with date) of the damage or any other proof.
The Shipowner undertakes to provide all the documents requested by IBIZANAUTIK in the processing of the file and to choose the most reasonable budget for the repairs.
IBIZANAUTIK may require the Shipowner to present two contradictory budgets to ensure that the repair costs are correctly estimated. IBIZANAUTIK will only return the amount of the deposit to the Shipowner after presentation of the final invoice or a pro-forma invoice, unless both parties agree otherwise. Bank charges related to the collection and payment of all or part of the guarantee deposit will be borne by the Shipowner and will be deducted from the amount paid.
IBIZANAUTIK undertakes to examine the claim file submitted by the Shipowner within a reasonable period of time after receiving the claim email. Any disagreement between the Shipowner and the Renter, especially regarding the existence and/or imputability of the damages and/or the amount of the repairs, must be presented before the competent jurisdictional bodies. The Renter, under certain conditions, can subscribe to the deposit return option offered by IBIZANAUTIK. In this case, the clauses and exclusions of the option apply.