Boat rental in Angra dos Reis · Beneteau — 40 (2008)

Dear Click&Boat (hereinafter C&B), the undersigned, Sergio Oscar Roggio, Argentine, National Identity Document No. 13.529.117, hereby come to formulate the following claim based on the facts that are written below, all of which, as will be seen, it is duly proven. On 01/12/2023, I formalized the rental of a Beneteau Sailboat model Oceanis 40,12.19m, under Reservation No. 561033, to be used in the municipality of Angra dos Reis, state of Rio de Janeiro, Brazil, from from 02/09/2023 to 02/15/2023, for a total cost of Euros 2,949. Said contract was entered into through C&B with Norman (username with which he appears on the platform), as "Lessor" with whom he agrees on the details of the delivery of the vessel (see the voucher attached in format pdf). Now, on 02/09/2023 at 12 noon, I was surprised that the contracted boat had been replaced by another, a Beneteau First 40.7 model (see the accompanying photo), without notify the undersigned in advance or have the due consent of this party. I reiterate, in an absolutely illegal and arbitrary manner, the "Lessor" modified the object of the contract, substituting the agreed vessel for another model of greater age and configuration (for example, without the genoa furler and without the Lazy Jack for the mainsail that greatly facilitate navigation) and with deficient equipment, poor maintenance and lack of hygiene. It is worth clarifying that the Beneteau "First" type sailboat model that I received is of a more appropriate configuration for regattas, unlike the Beneteau "Oceanis" type model hired, which is more comfortable for family sailing as planned. In addition to the above, the sailboat that was intended to be delivered for rent did not have an auxiliary boat with a motor as had been arranged during the previous negotiations and that are part of the agreement. Even more delicate, the sailboat did not meet the minimum navigation conditions, in fact, as captain Joao Picoli proceeded to recount during the briefing, the following elements were not working: the anemometer and wind vane, the engine rev counter located at the helm, illumination of the echosounder and the indicator of level of fuel. For the reasons stated, logically the boat was rejected. The counterparty did not comply with its obligation to deliver the object Sailboat Beneteau model Oceanis 40.12.19m on location. Faced with this situation, for two days I was communicating through different means (by phone, via email and WhatsApp) both with the "Locator" and with Click&Boat. responsible for what happened, requesting the replacement of the rejected vessel, obtaining unsuccessful results. Norman's response was, in summary, that having formalized the transaction through Click&Boat, it is there where the complaint should be made, while from C&B they answered me exactly the opposite, that is, who should provide me with a solution is " Landlord". In this regard, on 02/10/2023 I sent the following text via WhatsApp to Mr. Norman: "Norman, either the boat that came here was not or the boat that I reserved on a platform of Click&Boat... Even worse, I am finding out now that My reservation was a Beneteau Oceanis 2008 and the boat that came here was a much older Beneteau First... I await your response and I hope you take responsibility for this situation." To which he then replied: “...voce is deceived. That photo appears there because of some situation in the C&B system, maybe a bug..." On the other hand, Mr. Oscar Gamell from Click&Boat responded to me via WhatsApp: "What? I find it very strange! I'm going to review it as soon as possible. I'm very sorry, it shouldn't be like that." Later he said: "Thank you For the audio, I have passed it on to Melani so that she can review it and do the steps she has to do..." Thus, that same day, Melani from C&B responded by email: "We are sorry that you are experiencing problems with the rented boat. As I told you during the call, the owner has sent us the video and attached images where we can see that the condition of the boat are fit. Therefore, the owner will not refund the amount paid and we cannot process a return. In your chat conversation we can see that the initial boat was the Beneteau 40, but finally both confirmed that it was the Beneteau 40.7 considering that it is an old ship.” Ms. Melani's assertion that the undersigned confirmed the change of vessel is false. Quite the opposite; Although there were previous exchanges in this regard, it was finally decided to hire the Benetaeu Oceanis 40.12.19m Sailboat, as stated in my communication of 01/12/2023 on the C&B page to Norman: "Hello, I have made a reservation request for your Beneteau 40 boat, for a rental without skipper. 6 people". What has been stated is accredited in the reservation that appears in the attached voucher, made and validated by both parties. In short, as a consequence of the contractual breach of the "Landlord", and the lack of resolution of the problem in time and form by C&B, the family vacations that I had planned were frustrated: traveling from the city of Córdoba, Argentina, to the municipality from Angra dos Reis, Brazil, exclusively to navigate in the contracted vessel with enough notice. This resulted in expenses for 6 AIR TICKETS [proof of one of them is attached, MYTTER Air Reserve] (u$s 2,652), LODGING [Airbnb Reservation No. HMXDXNBEQ9] (u$s 7,945.05) and other planned expenses for a single purpose: sailing in Angra dos Reis on the rented sailboat. Finally, in the face of the reported and proven breach of contract, I request the immediate refund of the value of the C&B reservation (€2,949 - uSs 3,155.43) plus the amounts paid for airfare and lodging, this is a total of uSs 13,752.48. In case my claim is unsatisfied, having exhausted the extrajudicial route, I will initiate the corresponding legal actions for damages. Waiting for a prompt and satisfactory response, I cordially greet you, Ing. Sergio Oscar Roggio

The sailboat is in perfect condition and the captain's attention was very professional. I recommend it.