There are a lot of people who visit our islands and they are interested in boat rental Ibiza. Boat rental Ibiza is one of the main tourist activities of the islands. According to the report of the nautical platform Web Nautal, 60% of the nautical rents in Spain, are concentrated in the Balearic Islands. According to APEAMB (Association that represents to nautical charter companies in Spain), there are one million boats illegally dedicated in the Balearic Islands to boat rental Ibiza and skippered yacht hire Ibiza.
Boat rental Ibiza
But, who are these “pirates” dedicated to the boat rental Ibiza activity? Many of them are private foreign owners of non-Spanish flag vessels that rent their boats without meeting any of the legal requirements to develop the activity of yacht hire Ibiza.
Many others are Spanish people who illegally use their own boat, authorized only for their exclusive private use, to develop irregularly the boat rental Ibiza activity. To be able to recognize them is very simple. Spanish legislation, in application of Royal Decree 1435/2010, of November 5, which regulates the vessels registration, requires all Spanish vessels dedicated to the nautical charter activity to be registered in the sixth list. Therefore, if you ever decide to rent yacht hire Ibiza, check that the plate number of the Spanish boat you rent begins with a “6”. So, for example, the plate number of our yacht “Alina” is: “6ª-PM-1-9-14”. Companies that meet the legal requirements to develop boat rental Ibiza activity cannot compete against these “pirates”. Violators do not declare their activity to the Spanish Treasury and do not charge their price with 21% of the VAT accrual due in Spain for this kind of services. In addition, these foreign “pirates” reduce their activity costs by not respecting the minimum security items required by Spanish legislation to their boats. Spanish legislation requires all vessels engaged in the activity of boat rental Ibiza to have minimum security equipment and limits the maximum number of people on board to 12 occupants (Royal Decree 804/2014, of September 19, which establishes the legal regime and safety and pollution prevention regulations for recreational vessels carrying up to 12 passengers and Royal Decree 875/2014, of October 10, which regulates nautical licences for the government of pleasure boats). In such a way that, if your charter company let more than 12 people on board a recreational boat, you will be renting a “pirate” boat. In addition, the Spanish recreational boats dedicated to the activity of boat rental Ibiza registered in the sixth list, are obliged to pass periodic and intermediate inspections carried out by the Spanish Administration every three years (Royal Decree 1434/1999, of September 10, which establishes the inspections of pleasure craft).
Boat rental Ibiza
In the boat rental Ibiza scenery, it is easy to find Spanish and foreign people who commercially exploit their boats, putting at their controls skippers who do not meet the legal requirements to legally pilot such professional vessels.
In the same way, it is easy to recognize them. When renting your boat rental Ibiza services, the hired skipper himself will beg his clients to declare “we are all friends” in the case of being intercepted by the Spanish police (Customs Police or Guardia Civil). In this way, the police will believe that employee is another client and will not require him to have a professional qualification. These skippers usually hold non-professional boat licences that allow them to manage the boat for their own private use, without professional crew hired. As we mentioned before, the businessmen who legally engage in the boat rental Ibiza with skipper cannot compete with the “pirates”. The Spanish entrepreneur or foreigner who complies with the law, in order to offer their skippered boat rental Ibiza services, needs to hire a self-employed or professional employee registered in the Social Security Office or in any other foreign social security system with the consequent increase in the final product that they offer. In the hypothetical assumption that the vessel destined to skippered boat rental Ibiza suffered an accident, the “pirate” businessman will try to avoid any legal liability arising from negligent or reckless behaviour of the skipper. The businessman who legally carries out his activity of boat rental Ibiza with skipper must subscribe an accident insurance that covers the corporal damages suffered by the clients and by the professional crew of the ship as a consequence of any accident that could be caused during navigation (Royal Decree 1575/1989 of December 22, which approves the Compulsory Passenger Insurance Regulation).
Boat rental Ibiza legal scenery
On May 5, 2017, Decree 21/2017 was published, regulating the activity of boat rental Ibiza and recreational vessels in the Balearic Islands. This Decree has meant a simplification of the administrative procedures required for nautical entrepreneurs to obtain the administrative authorizations that enable each of their vessels to carry out the boat rental Ibiza activity. Likewise, the Decree has led to the creation of a Public Registry, which will include all those vessels that have obtained such authorization for the realization of the boat rental Ibiza activity. However, all vessels engaged in the boat rental Ibiza will be subject to the verification and inspection work of the local authorities and Spanish maritime authorities and must comply with all regional and national legislation that is applicable to them.
But, how can we know that the boat we have hired for the boat rental Ibiza complies with current legal regulations?
All Spanish or foreign ships that have been authorized by the Administration must be dispatched by the Maritime Captaincy of Ibiza for the exercise of the activity of boat rental Ibiza as provided by the Order of The Ministry of Development of January 18, 2000, approving the Regulation on ship clearance.
In the document on the right you can see the Maritime dispatch by time of our yacht “Alina” obtained during the summer season of 2017. The Maritime dispatch authorizes our boat for the boat rental Ibiza activity with professional skipper with the limits of Navigability Certificate and the professional qualification of the skipper. As mentioned in the aforementioned Ministerial Order, the identity and qualifications of the professional skipper will be perfectly reflected in both the Nautical Permit of the boat or the Role of Dispatch and the list of the crew of the ship, as well as in the seaman’s book or seafarer’s identity document of the professional skipper.
The professional skipper of the vessel destined to the boat rental Ibiza, Spanish or foreigner, in addition to his corresponding professional degree, will have to maintain updated all the certificates of specialty and professional qualifications (Radio Operator GMDSS) demanded by the International Convention on Standards of Training, Certification and Watch keeping for Seafarers (STCW/1978).
These specialty certificates (Basic Safety Training Certificate, Advanced Fire Fighting Certificate, Survival Boat and Rescue Boat Certificate, Passenger Ship Certificate, Sanitary Training Certificate, Basic Certificate in Maritime Protection) must be renewed or updated every 5 years.
All the Spanish boats dedicated to the skippered boat rental Ibiza must have a Certificate of Navigability. This document will include the technical characteristics of the vessel, the maximum number of people on board allowed and the navigation area enabled. Likewise, as can be seen in the document on the right, the Certificate of Navigability will show the inspections carried out before the Administration and the next scheduled inspections that the boat will have to surpass. The next inspection that our yacht “Alina” must surpass is scheduled for 04/02/2019.
The Spanish and foreign vessels dedicated to the skippered boat rental Ibiza activity must be provided with the Nautical Permit or Maritime Dispatch with Crew List.
Foreign vessels engaged in the activity of skippered boat rental Ibiza must be provided with the corresponding Nautical Permit equivalent to the Spanish Certificate issued by the national authorities of their flag (see Service Instruction Nº 6/98 of the General Directorate of the Navy Merchant). This document will include: name of the vessel, property, registration, nationality, class of vessel, technical characteristics, inspections, recognitions and certificates, professional crew and professional tiles of the crew.
All Spanish or foreign professionals who work in the skippered boat rental Ibiza should be provided with their Seaman’s Book, identity document of any professional who is working on a boat.
In the section of the crew list of the Nautical Permit of the boat we will be able to observe the number of the Seaman’s Book of the professional who is working in the boat rental Ibiza. Likewise, in the Seaman’s Book of the professional who is working in the boat rental Ibiza we can observe the name and identification of the boat in which he is working, the date on which he began to work on the ship and the position held on board stamped by the corresponding maritime authority.
All these documents discussed above can be used to know if the boat we have rented complies with the required legality to develop the boat rental Ibiza activity.
On the other hand, the boat rental Ibiza, constitutes an agreement between two parties, the lessor (owner of the rental business) and the lessee (person who rents the boat and the services of the lessor), which can be voluntarily agreed upon between them and formalized in a legal contract. Spanish legislation requires that the lessor or ship owner formalize its relationship with the lessee through a lease contract for boat rental Ibiza. In the following link you can see our Contract (Terms and Conditions)
It is very important that all boats engaged in the boat rental Ibiza comply with all these provisions. If the lessor or ship owner does not comply with these provisions and as a result of an accident during navigation his clients suffer any damage or bodily injury, he would incur criminal, civil and administrative responsibilities. In addition, the damaged customers would be completely unprotected and could not be compensated by the Insurance Company that would exempt all their responsibility for the breach of the current legislation by the lessor.
If you want to sail without any problem and not worry about anything, make your choice and make your boat rental Ibiza booking with ALINA SAILING. Book now!!!
