Acknowledgement

The Lessee expressly acknowledges his responsibility for the safe and proper operation of the rental boat and for the safety and welfare of other boaters, persons and passengers. It is agreed and understood by Lessee that MCS Florida Boats LLC and it’s agents, affiliates and personnel, shall not be held liable for any and all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation or possession of rental boat.

Lessee agrees not to use nor permit to use:

– by persons under the age of 21 and without a valid drivers license              
– of the rental boat for any unlawful purpose                             
– of the rental boat in a careless or negligent manner                             
– of the rental boat while under the influence of liquor or narcotics or any other drugs                             
– by any other person not the signatory oft he agreement

Rental Boat

The rental boat is delivered in good running condition. The Lessee agrees to take care of the rental boat and return it in a clean condition. If the boat is returned extremly dirty, the Lessee will be charged an additional fee, which will be calculated based on the condition of the boat. The Lessee agrees to comply with the agreed sailing area, as travel outside this area will invalidate the insurance policies. Should mecanical problems occur, which cannot be remedied in short term and significantly restrict the use, value or the loss of the rental boat, MCS Florida Boats LLC reserves the right to appoint a replacement boat. If MCS Florida Boats LLC cannot provide a replacement boat, the lost rental days will be refunded. The amount of the refund depends on the rental amount paid and will be prorated for the lost days. Further claims of MCS Florida Boats LLC are excluded.

Rental price

The rent includes the cost of delivery, instruction, 6,5% Florida sales tax, sea tow and cleaning. The rental boat must be returned refueled to the same level as when rented.

Payment

A down payment of 30% of the total rental amount is due immediately upon booking. The balance is due by possession of the rental boat. Payment may be made in cash or by credit card. If paying with a credit card, a convenience fee of 3% will be charged.

Boat delivery and return

The rental boat is extensively tested and inspected by MCS Florida Boats LLC prior to the rental. Any defects or damage will be noted on the boat transfer report, which is signed by MCS Florida Boats LLC and the Lessee. Upon returning the boat, the same thorough inspection will be conducted.

Prohibited acts

– towing and recovery ot other boats                                                                                                           
– night driving and driving in bad weather or high winds
– pets on the boat
– consumption of alcoholic beverages for skipper
– waterskiing, wakeboarding, tubing, knee boards, banana boats and the like while piloting the rental boat

Waterskiing, wakeboarding, tubing, knee boards, banana boats and the like, is prohibited by the insurance company and use of these items will invalidate the insurance coverage. Any personal or property damages incurred while using the boat for these acts is the sole responsibility of the Lessee.

Damage to the rental boat

The Lessee must treat the boat with care and is obliged to immeditely report any damages to MCS Florida Boats LLC. The following items are excluded from any insurance: the propellor, technical equipment and upholstery. In case of gross negligence, the Lessee is liable for the entire damage even if the amount of damage exceeds $1000 of the deposit.

Insurance

The rental boat is fully insured with the best commercial insurance. The deductible in case of damage to the boat is $ 1200, for third party damage $ 2500. If the insurance does not pay the damages, e.g. due to intent or negligence of the Lessee, or damage incurred that is not covered by insurance, the Lessee is obliged to fully compensate damage. Damage induced failures subsequently be charged to Lessee. Injury to any persons on the rental boat is the sole responsibility of the Lessee. You may only boat within the inner coastal waters, which extend no farther than 15 miles from shore.

Sea tow

For the purpose of the membership program, the rental boat is considered soft aground, when the vessel’s hull is touching the bottom and the boat is not in peril, not beached, has water surrounding on all sides. A salvage caused by rocks, coral, reefs or any other obstruction, will be billed extra at $250 per foot of vessel length, depending on the equipment needed and complexity of the salvage.

Cancellation

Cancellation of the rental must be made in written at least 30 days prior arrival. The cancellation fee is $ 150. The remainder of the prepaid deposit will be refunded to Lessee. Cancellation less than 30 days in advance of rental, MCS Florida Boats LLC will retain the 30% deposit. Discontinuation or reduction of the reservation time period of the rental boat will not reduce the total rental fee amount. No refund will be granted in the wake of cancellation of the rental or early departure due to adverse weather conditions. This also applies in the case of high winds, cold weather, tropical storms, hurricanes and floods, any natural disaster or any act of God.

Liability

If non-swimmers are on the boat (especially children under 8 years of age), the Lessee is obliged by law to instruct the wearing of life jackets and monitor during the entire trip. You must provide your own life jackets for infants and children up to 3 years of age.

Indemnification

The Lessee acknowledges that the activies involved with the use of the rental boat carry risks that may lead to injury or even death. The lessee understands and fully accepts responsibility for all the risks associated with the use of the leased property. By signing the lease, the Lessee voluntarily and expressly relieves MCS Florida Boats LLC and ist agents, affilliates and personnel from any liability for direct and indirect losses, including injury or death, to himself or any other people involved that have occured through the use of the leased property, independent of any jurisdiction. This also applies to any present or future damages resulting from complaints, procedures, processes, liabilities, judgements, contracts, claims and any other actions that may arise for the Lessee und this boat rental agreement.

Severability Clause

If any section, subsection, paragraph, sentence, clause or phrase of the rental agreement or these conditions shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions oft he rental agreement which shall continue in full force and effect. The Lessee accepts the rental agreement and these conditions. To this end the provisions of this contract are hereby declared tob e severable. The Lessee expressly agrees to indemnify and hold MCS Florida Boats LLC harmless of, from and agains any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcing of the foregoing rental agreement by MCS Florida Boats LLC, including expenses incurred in collection or attempting to collect delinquent rent and in the event of suit by MCS Florida Boats LLC to recover possession of rented property and/or to enforce any of the terms, conditions and/or provisions hereof.

It is understood and agreed that Venue of any action hereunder shall be in the county of MCS Florida Boats LLC