Terms and General Conditions



To formalize a reservation either via web or phone, it is understood that the dates are blocked from the moment the company receives a transfer for 50% or 100% of the total cost of the charter (VAT included). In the case of reserving 50%, the remaining amount must be paid on the day of embarkation, prior to the start of the rental, through one of the following payment methods:

  • Debit/Credit card: Visa, MasterCard, AMEX
  • Cas
  • Paypal (Reservations through the web)
  • Bank transfer (upon consultation with the owner):


ES34 2100 3345 4813 0003 2331

Smart Boats Mallorca 2019 S.L.

Country of fiscal domicile: Spain


Cancellations more than 30 days before the departure date of the boat: the penalty will be 50% of the lease price.

Cancellations less than 30 days before the departure date of the boat: the penalty will be 100% of the lease price.

If there is an impossibility on the part of the lessor to provide some of the services under the agreed conditions, the lessor will offer the user the option to choose between a full refund of the amount paid without further request or claim for any reason or accept an amendment to the contract specifying the introduced modifications and their impact on the price. In one-day rentals, if the owner considers that weather conditions may affect the safety of navigation, the rental may be postponed to another date depending on the availability of the boat or a full refund of the charter fee, as the Lessee decides.



Fuel is not included in the rental price. All boats will be delivered with a full tank, and it is the customer’s responsibility to return them at the end of any rental with a full tank upon return to the port.

The charter company offers a completely free service of accompanying the customer to the refueling service, for greater customer peace of mind.



At the time of signing the documentation and boarding the vessel, the CUSTOMER must deposit a security deposit to guarantee any damage, loss, breakage, or damage caused by misuse of the vessel and its contents.

The deposit can be made by credit card or cash at the departure port. If made by credit card, the refund period of the deposit will be determined by the bank’s conditions (usually 1-2 days but depending on the type of card/bank, it can be 8-20 days).



Late return of the vessel will be penalized with a payment of €50 for every 30 minutes of delay.

The vessel must be returned to the same pickup point at the delivery port, respecting the agreed schedule in the contract.



The Lessee must present before the start of their rental a European national identity document and/or passport in physical format, legible, and in good condition, accepted by Spanish legislation.

In the case of renting a boat WITHOUT A SKIPPER, the Lessee or person authorized by them must necessarily present documentation proving the aptitude to captain the reserved boat.

The Lessee must send by email to the address info@smartboatsmallorca.com well in advance before the scheduled departure, a copy of the title or permit and the ID card or passport of the person who will perform the duties of skipper of the boat. In case of any failure in this regard, the Lessor declines all responsibility, and any expenses arising will be borne by the Lessee.

The Lessor reserves the right not to make the boat available to the Lessee if the Skipper does not appear to have sufficient skill and competence despite the titles presented. In such a case, the amounts received will be refunded, and the contract will be automatically terminated. Alternatively, and provided there is availability, the Lessor may offer a skipper of their trust, and the Lessee must pay €200 as a salary. If the Lessee refuses to hire the skipper provided by the Lessor, the Lessee will forfeit the deposit paid when booking the boat, and the charter will be automatically canceled.

The Lessee is responsible for ensuring that their nautical title is properly validated for the command of pleasure craft in Spain and for sailing in the Spanish State and its territorial waters, expressly assuming the responsibilities arising from the rental of the boat, as well as the damages and losses that may result to the lessor company in general. If the nautical title of their country of origin that authorizes them to command vessels is not listed within Annex IX of RD 875/2014 or the substitute law, the rental will be made at their own risk and under their responsibility, with the deposit in such a case double the amount stipulated for the vessel in question and never less than TWO THOUSAND FIVE HUNDRED (1,000.- €) EUROS. In case of being sanctioned by maritime authorities, the lessor company will retain the amount of the deposit until the final resolution of the sanctioning procedure. More information can be found on the following website: www.fomento.es



The Lessee undertakes to:

  1. Use the rented boat correctly and respect the rules established by the maritime authorities.
  2. Not to carry on board a greater number of people than allowed according to the boat’s navigation certificate, to use the boat only for recreational cruises and not to participate in regattas. Likewise, they undertake not to assign, subcontract, or sublet the boat in whole or in part.
  3. Smoking on board is prohibited, only allowed in outdoor areas designated by the owner or crew.
  4. Minors must always be accompanied or supervised by an adult and not under the responsibility of the crew.
  5. Professional diving allowed under the supervision of qualified professionals in authorized areas.
  6. However, the Lessee acknowledges that the use of personal watercraft, auxiliary boats, or water toys on board (including seabobs and underwater scooters) is entirely at their own risk, and they undertake to indemnify, defend, and hold harmless the Lessor, its charterers, brokers, captains, and employees from and against any litigation, damages, expenses, or liabilities arising from the performance of this Agreement or the use of auxiliary vessels, among others, claims, damages, expenses, or liabilities for fines, losses or damages to any property, or for death or injury to any person or persons.
  7. The Lessor is not responsible for water toys not included in the boat’s inventory, and their proper use is the responsibility of the Lessee and the owning company.
  8. Illegal drugs and weapons are strictly prohibited on board, as well as any products that may contravene Spanish legislation.
  9. No animals allowed on board unless authorized by the owner.
  10. Towing of other vessels is strictly prohibited; likewise, only the rented boat will be allowed to be towed in the same cases and always with its own lines to avoid high salvage costs. The Lessee will not accept agreements or assume responsibilities without the owner’s authorization.
  11. In case of dangerous weather or sea conditions (exceeding force 6 Beaufort or 27 knots of wind), the Lessee undertakes not to leave the port where they are or to go to the nearest safe port or anchorage to their position. The Lessee must be aware of weather reports at all times to plan a navigation route that allows them to preserve the integrity of the boat without risk.
  12. Do not leave the boat in open water without an experienced crew member on board.
  13. Do not use products or utensils for cleaning that may cause damage to the boat.
  14. Be responsible for any damage or harm that occurs to the leased boat, its elements, and delays in its return.
  15. Be responsible for the theft or loss of the auxiliary boat when it is not stowed in a closed chest or properly secured on the boat’s deck. The Lessee is responsible for all consequences of anchoring, especially the measures necessary in changing winds or currents.
  16. Be responsible for all actions of the persons listed on the passenger list, which must not exceed in any case the maximum capacity of the boat.
  17. Use the boat exclusively for tourist or recreational charter, so it cannot be used for commercial operations, professional fishing, transportation, sports competitions, regattas, or any other activities incompatible with the boat’s purpose. The Lessee, as the sole responsible party for the boat during the lease, will use it responsibly, complying with the rules of the authorities with jurisdiction for this purpose, being solely and exclusively responsible for the consequences arising from non-compliance with them.
  18. In the case of boat rental with crew: the skipper will be responsible for the boat and for navigating under appropriate safety measures, so the Lessee and the rest of the passengers undertake to obey the skipper’s and crew’s instructions at all times.
  19. Be responsible for any damages or losses that may occur during the rental period to the passengers’ personal belongings.



The insurance of the vessels covers people, limited, and does not cover accidents that occur outside the boat or the loss or damage that the Lessee, crew, or guests on board the boat may suffer to their personal effects. The Lessee expressly accepts that the insurance does not cover possible damage to the sails caused by misuse, accepting responsibility for paying for any damage caused to them. Such payment will be deducted from the deposit.



The permitted navigation area is established as follows:

  • Boats without a license: navigation area between Salt Elm and Camp de Mar and maximum distance from the coast of 300 meters.
  • Boats with a length between 5 and 7 meters: navigation area between Cala en Basset and Portals Vells and maximum distance from the coast of 500 meters.
  • Boats with a length between 7 and 10 meters: navigation area between Deià and Portals Nous and maximum distance from the coast of 1,000 meters.
  • Boats over 10 meters: navigation area between Deià and Palma and maximum distance from the coast of 2 miles. For boats longer than 10 meters, it is possible to request navigation in a broader area (within the coastal waters of the Balearic Islands) subject to strict prior approval by the owner.

Failure to comply with this obligation will result in automatic termination of the contract with the loss of the amounts paid for this purpose, and all of this regardless of the payment of expenses and responsibilities that may arise from such misuse.



These conditions constitute a framework contract, applying to all rental contracts entered into by the same Lessee with the Lessor.