Terms and conditions
To barbarroja.net (referred to as “the company” or “final service provider”) with CIF B67260968, with the address Menorca, the following terms and conditions apply.
Our aim and intent is to fully satisfy the client. Please report any incident without delay to firstname.lastname@example.org.
1. SUBJECT MATTER OF THE SERVICE AND THE CONTRACT
The company provides nautical services. It is responsible for the information (prices, configuration, features, extras, etc.) included in its website with respect to its boats.
Through the company the client reserves the boat. This booking process is concluded by a rental contract which must be signed by the client and must state the agreed price of the rental (including extras, features, services) and the duration of the rental. The client accepts that any complaints will be submitted directly and without exception to the final service provider.
The terms and conditions are applicable as soon as the client generates a booking form.
3. BOOKING AND RENTAL PROCESS
The reservation process with the company is very simple:
• Open the company's website
• Select a boat and read the conditions.
• Specify dates and extras if applicable and fill in the information required, including personal mandatory data.
• Confirm the booking details
• Pay for the rental (or block the amount) or pay for part of the payment agreed upon (depending on the remaining time before the service is provided).
• Wait until the final service provider has accepted the booking. You will then obtain the rental contract drawn up and provided by the final service provider
• Make the outstanding payment within the indicated dates.
• Once the service has been provided, The company will have the right to ask the client to rate the service so future clients have access to this information.
4. DEFINITION OF CLIENT
A client is anyone over 18 years of age. As soon as the client completes the booking form he accepts the following terms and conditions.
5. CLIENT DUTIES
The client is obliged to:
- always provide truthful and up-to-date information to all by the final provider requested data and relevant to the conclusion of the booking and payment not provide your password to anyone to ensure you are the only person with access to your username,
- provide the information and qualifications, if applicable, which may be reasonably required.
- pay the amounts corresponding to the hired contracts within the due dates established in the booking and/or hiring process.
- properly use the services and, if applicable, have the appropriate qualifications or boat license available.
- pay all the services as indicated by the company, as well as the services carried out during navigation and which were not expressly included in the offer such as the skipper, fuel and water, mooring outside port base, taxes, and any other extras, stated in the rental contract.
- provide only truthful information when rating the service received. The final service provider reserves the right to accept, reject or withdraw the clients feedback.
6. MEANS OF CONTRACTING
The client and the company can formalize agreements and contracts by any means offered by the law, including e-contracting methods through a webpage or via email, telephone recording, digitized signature, electronic signature, as well as that they may be stored, organized or copied by any available means.
The client is obligated to pay for the amount stated in the booking contract. He is required to make the payment before the booking is completed.
The payment process goes as followed:
barbarroja.net will in the name of the final service provider settle the payment process by requesting the amount specified in the rental agreement.
If the clients do not have to pay the total amount when booking, they are obliged to make the outstanding payment within the indicated dates.
The payment methods accepted are debit or credit cards such as Visa, Visa Electron, and Master Card. In addition you will find information on other accepted payment methods on the website of the final service provider.
In the event of incidences in the payment through the web page, Nautal Smart Sailing SL will accept a transfer as an alternative payment method so the client can pay within 24 hours from the moment of the booking or the date of payment agreed.
8. CANCELLATION POLICY
8.1 On the part of the client
In the event of withdrawal after booking on the part of the client, the cancellation expenses will be stated in the rental contract with the final service provider and, in case they are not stated or the contract is not signed yet, the cancellation expenses will be the following:
- Cancellations 60 days before departure: a penalty of 50% of the rental amount will apply.
- Cancellations 30 to 60 days before departure: a penalty of 75% of the rental amount will apply.
- Cancellations less than 30 days before departure a penalty of 100% of the rental amount will apply.
All cancellations must be submitted in writing to the final service provider.
8.2 On the part of the final service provider
The company is obligated to deliver the leased vessel to the customer within the time and place indicated on the contract. If the company cannot deliver the leased vessel or an equivalent on the date set, the client has the right to revoke the contract. This revocation must be send to the final service provider in writing If the client makes use of this right, the final service provider has to repay the full rental price, including any extras already paid for by the client.
Regardless of the guidelines set out in the rental contract of the final service provider, we inform that the following cases will trigger an automatic termination of the contract and/or booking, without compensation, or refund of the amount paid by the client:
- Non-compliance by the client with the payments within the due dates.
- Imprudence or non-compliance with the rules and the current legislation when using the boat, which includes but is not limited to: exceeding the number of people on board, sailing beyond authorized limits for the boat or for your qualifications.
- Failure to present the required documentation to steer the boat, before boarding in contracts where Skipper has not been hired.
Showing insufficient skills to steer the boat when bareboat rental.
8.2 IN THE CASE OF FORCE MAJEURE
Force majeure relates to meteorological conditions such as thunderstorm. The company decides when these conditions make navigation not suitable, having valued both the safety of the crew and the safety of the boat.
If due to force majeure the company decides that it is not possible to navigate during the date stipulated in the contract, it will offer a proposal for a change of date depending on its availability or proceed to the refund of the amount stipulated in the contract. In no case shall the company indemnify the client for breach of contract due to force majeure.
9. DAMAGE AND ACCIDENTS
If the vessel is damaged during the rental period the client has the obligation to notify the company to calculate the expenses and organise the repair. If damage occurs during navigation which could endanger the crew, could damage the boat or delay the arrival, the customer is obligated to pay for any repairs or other damages.
Accidents or damage to the boat involving third parties must be reported to the competent authorities. The data of the third party as well as data about the boat must be recorded. The customer must make a brief summary of the events and hand over two copies to the final service provider upon return of the boat. Damages resulting from no fault of the cand resulting repairs will be refunded by the final service provider if the necessary documents have been provided. All other expenses (loss of equipment, inattentiveness, carelessness) shall be invoiced to the customer, if the insurance does not bear the costs.
In the event that the customer cannot navigate the boat due to accident or other damage, he shall not be entitled to demand the full amount of the rental. However, the days on which he could not navigate will be refunded.
The deposit will be refunded upon return of the boat, provided the boat is immaculate without any damage or loss.
10. AGREEMENTS ON THESE RULES
If any of the stipulations in these terms and conditions were declared null and void in application of the legislation in force, by virtue of a decision of court or any recognized body with enough jurisdiction, the remaining stipulations shall remain in force.
11. FUTURE CHANGES
12. COMPLAINTS AND APPLICABLE JURISDICTION
Complaints shall be made in writing and through an irrefutable reception method.
To resolve any dispute regarding the interpretation or their own jurisdiction, they expressly submit to the jurisdiction and competence of marine authorities and, if applicable, to the courts of yhe city of the company.
These terms and conditions are subject to the law of the company's law.
In case of controversy about the interpretation of this document, the Spanish version of these conditions is the prevailing one.