ES-GUIDE-L3.1

Charter basics: the arrendamiento náutico

ES-GUIDE-M3 · Charter Law and Clearance · ES-GUIDE-M3-A The charter contract, the temporary change of use and despacho under the RONM.

Spanish charter law is short, **mandatory** and consumer-minded. Six articles of the Maritime Navigation Act set the ground rules.

Framework

Governing: Ley 14/2014 de Navegación Marítima (LNM), arts. 307–313. Builds on: L2.3.

The contract in one sentence

Under LNM art. 307, in an arrendamiento náutico the lessor gives the charterer, for a price, the use of a vessel for a period and for a purely sporting or recreational purpose. It is a contract with the end customer. The deal between an owner and the charter company that runs the boat is something else: a bareboat charter of the ship (LNM art. 188) or a ship-management contract (contrato de gestión naval, art. 314).

The two forms

Sin dotación (bareboat) Con dotación (crewed)
Also governed by Rules on bareboat charter of ships Art. 210 (charter for purposes other than carrying goods)
Who skippers The charterer or someone they appoint The lessor's professional skipper and crew
Title check The charterer is responsible for the skipper holding the right title Skipper and crew must hold the professional title for the boat
Duty to report damage Charterer must report incidents affecting seaworthiness promptly (art. 311) Crew handles it

Five rules worth knowing by heart

  1. Imperative. Art. 308.4 makes the chapter mandatory. A contract clause that contradicts it is ineffective. The ministry explains why: these rules protect the consumer.
  2. Late delivery. The lessor pays the agreed amount, or a sum proportional to the delay. After 48 hours the charterer may also terminate or extend the charter by the same period (art. 309).
  3. Skipper's judgement. On a crewed charter the crew follows the charterer's instructions on how the boat is used within the contract, unless they put safety at risk. Then the skipper's professional judgement prevails, and the charterer and guests must obey (art. 310).
  4. Insurance. The lessor must hold the compulsory liability insurance for the whole contract (art. 312).
  5. One year. Claims prescribe one year after the contract ends or the charterer finally disembarks, whichever is later (art. 313).

TIP — Art. 310 is your authority When a charterer pushes for an unsafe passage or anchorage, you do not need to argue from the contract. Spanish law gives you the last word on safety. Record the decision and the reason in the log.

What else a charter needs

The contract is only one layer. For a Spanish boat, the vessel and the operation also need:

  • Lista 6ª (or an authorised temporary change of use) (L2.3, L3.2);
  • no more than 12 passengers plus crew;
  • safety equipment under RD 339/2021 (≤24 m) or RD 804/2014 (>24 m);
  • liability and accident insurance for everyone aboard;
  • despacho (L3.3);
  • a declaración responsable as a charter operator, with the crew list, filed with the maritime administration.

Regional rules sit on top. In the Balearic Islands, Decreto 44/2025 adds a regional declaration per boat, an annual fee and a numeral pennant; see Balearic Charter Compliance.

CAUTION — Choice of law The ministry notes that the parties may choose the governing law under the Rome I Regulation. Failing that, the law of the consumer's residence may apply. Spanish public-law requirements (list, titles, despacho) apply in Spanish waters whatever the contract says.

For the full operator view, see Spanish-Flag Charter Compliance.

Practice questions

5 questions

recall · core

How does LNM art. 307 describe the purpose of an arrendamiento náutico? (a) Exclusively sporting or recreational (b) Carriage of passengers for fare (c) Any lawful purpose (d) Commercial fishing

recall · core

Can the parties contract out of LNM arts. 307–313? (a) Only in bareboat charter (b) No; the chapter is imperative (c) Yes, freely (d) Only with foreign charterers

recall · core

After how long do claims under a charter contract prescribe? (a) Three years (b) Six months (c) Five years (d) One year

recall · core

If delivery is delayed by more than how long may the charterer terminate or extend the contract? (a) 24 hours (b) 48 hours (c) 12 hours (d) 7 days

scenario · core

On a crewed charter the charterer insists on leaving for Menorca in a forecast gale. You are skipper. What does Spanish law say? (a) You must follow the charterer's instructions (b) Your professional judgement prevails where safety is at risk, and the charterer and guests must follow your orders (c) You must call the owner for a decision (d) You may refuse only if the contract says so

Independent study. xplor is not affiliated with the Dirección General de la Marina Mercante, any Spanish regional government or the Govern de les Illes Balears, and awards no title, certificate or endorsement. This guide explains the rules; titles, refrendos and authorisations are granted only by the DGMM, the Capitanías Marítimas or the competent region. AI-drafted content pending subject-matter-expert review.