El Capitano BV – Rental Terms & Liability Agreement
1. Definitions
• Lessor: El Capitano BV, Curacao.
• Lessee: The renter, aged 21 or older, who signs the contract, provides valid ID, and agrees to remain sober throughout the rental period. The lessee is the sole designated captain of the vessel and signs on behalf of all passengers on board.
• Inventory: All equipment, accessories, and safety items provided with the vessel.
2. Rental Packages & Pricing
• 3-Hour Rental: $199 USD (fuel included)
• 4-Hour Rental: $249 USD (fuel included)
• 5-Hour Rental: $299 USD (fuel included)
• Rentals are available between 08:30 and 18:00.
• Bookings must be made online or by phone in advance. Confirmation is subject to availability.
3. Responsibilities
• Lessor: Provides a clean, insured, and seaworthy vessel equipped with emergency safety vests (Type II, SOLAS-approved).
• Lessee: Agrees to:
o Attend the full safety briefing prior to departure
o Follow all instructions and navigational limits
o Remain 100% sober and act responsibly at all times
o Ensure that all passengers follow the rules
o Return the boat on time and in clean condition
4. Liability & Risk Assumption
• The lessee accepts full and sole responsibility for any damage, loss, injury, or death caused by their own actions or by passengers during the rental period.
• El Capitano BV is not responsible for any accident, theft, loss, injury, or death, whether on board or during boarding/disembarkation, unless caused by gross negligence or willful misconduct by El Capitano BV employees.
• The lessee voluntarily assumes all risks associated with operating the vessel.
• The lessee confirms that all passengers are aware of and agree to these terms.
5. Insurance & Deductibles
• The boat is covered by third-party liability insurance up to $500,000 USD and passenger liability up to $250,000 USD.
• The lessee is personally liable for any damages if:
o The boat is operated under the influence of alcohol or drugs
o Reckless behavior or violation of safety instructions occurs
o The vessel leaves the designated sailing area
• A deductible starting at $250 USD applies to any valid insurance claim. The lessee agrees to reimburse El Capitano BV for any deductible applied to a valid insurance claim, which may range from $250 USD up to 5% of the claim value for third-party damage, or up to 10% for passenger injury claims.
• If insurance coverage is voided due to lessee behavior, the lessee accepts full financial liability, up to the total amount of damages, including legal and third-party claims.
6. Security Deposit & Damage Fees
• A $250 USD deposit is required prior to departure.
• Common charges include:
o Excessive cleaning: $50 USD
o Burn marks on upholstery: $150 USD
o Broken ladder: $80 USD
o Engine damage: from $150 USD (subject to inspection)
• Replacement cost of lost or damaged items will be deducted from the deposit.
• Charges exceeding the deposit will be invoiced to the lessee directly.
• International credit cards are accepted. Cash may be required for local renters.
7. Cancellation Policy
• Cancel 7+ days before rental: 100% refund
• Cancel 4–6 days before: 25% charge
• Cancel 2–3 days before: 50% charge
• Cancel 1 day or same day: 100% charge
• In case of severe weather (as determined by El Capitano BV), rescheduling is permitted at no extra cost. Refunds are not issued for early termination due to weather after departure.
8. Late Return Policy
• A late return incurs a fee of 200% of the standard hourly rate for the period overstayed.
• This covers disruptions to future bookings and staff scheduling.
9. Final Agreement By signing the rental agreement and waiver, the lessee confirms they:
• Are 21+ years of age and legally authorized to operate the vessel
• Have attended the safety briefing
• Understand and accept all terms above
• Accept full responsibility for all passengers
• Will operate the vessel entirely at their own risk
El Capitano BV reserves the right to deny service to any lessee who fails to meet the above conditions.
