GENERAL TERMS AND CONDITIONS OF USO OF THE SERVICE BOAT&CO.
José Manuel García García and Rocío Gancedo Villar, as founders of BOAT &CO. , and with direction in Estrella Betelgeuse Street, 14, Portal 4, 5a, Postal code 41015, Sevilla, Spain, responsible for the website, make available to users the present Document with which it seeks to fulfil the obligations laid down in law 34/2002, on services of the Information society and of electronic commerce (LSSI-CE), as well as to inform all the users of the Web site regarding the conditions of use of the same.
1. WHO ARE WE?
Boat & CO. Is constituted as a website whose main function is the rental of recreational boats. We are present in the nautical market with the purpose of providing intermediation services in the management of reserves (not the provision of the leasing service itself) and, in addition, manage the collection of these leases. On the other hand, serve as a means for establishing relationships between the various actors involved in the Nautical market, especially owners of vessels and professionals of the sector.
We seek and find the boat that most closely resembles the taste and the need of the customer.
Our main objective is to meet all the needs, so we provide other services, such as transportation and accommodation, as well as to solve any unforeseen occurrences.
The client accepts that any contracting that takes place within our platform will be directly carried out between those involved in the contract, without intervention or responsibility on the part of Boat & Co.
To any problem can Contact firstname.lastname@example.org
2. THE SUBJECT OF THE SERVICES PROVIDED
BoaT&Co. acts as intermediary in the process of leasing the boats. Offers the possibility of publishing boats for free. To do this, the lessor (natural or legal person interested in announcing his boat) must specify or provide the following information: to be possible, several photos of the boat and specify: the characteristics and location of the boat, The inclusion in the list of registry of the vessel. The dates of availability of the ship, the daily price fixed by the owner, depending on the different seasons. The cost of the security deposit that in his case was required for the rental of the boat without a pattern. The potential additional costs (bed linen, cleaning) and extra services.
With this, Boat&Co. can carry out its booking service and, in its case, collection management of leases.
Boat & Co is set up as agent agents, therefore, as an intermediation service provider in the rental of pleasure craft, which is carried out directly between the lessor and the tenant, without liability in the same on the part of boat & Co, who simply puts both parties in contact in exchange for a small commission, to be paid by the lessor.
Boat&Co. will not respond, therefore, on the proper service, being the lessor solely responsible for such service and its correct delivery and warranty. If well, Boat&Co requires all their landlords to comply with the requirements set out in the sector.
Boat&Co. will be responsible as well the management of payment of the price of rent of the boat, drawing from the same its commission.
The tenant therefore accepts Boat & Co. will not be responsible for any incidents that may occur to you during the enjoyment of the boat or any other mishap with the lessor. You are also aware that the landlord may reject your reservation in which case Boat & Co. will offer the tenant alternative boats or the full refund of the price already paid or blocked.
The rental contract will have the expected duration in the form of rental booking.
3.REQUIREMENTS OF ACCESS TO THE SERVICE
3.1 Legal Capacity: The Service Boat&Co. is limited to:
1) older people,
2) to emancipated minors legally and,
3) to legal persons, who have full legal capacity to act, and submit unconditionally to these terms and conditions. In the case of legal persons, the person who appears as the representative must possess the document which certifies it with sufficient powers for the hiring and assumption of obligations in accordance with these terms
Minors are not authorized to use any of the services provided by Boat & Co. Being impossible to check Boat & Co. are not responsible for the veracity of the data entered by the user in your account. In case of detecting deceit or impersonation of the identity data, both with respect to the user or with respect to third parties Boat & Co will proceed to cancel the reservation presented.
3.2 Access Requirements for owners or the legal person responsible for the rental of boats and other services:
You must write to us at email@example.com
3.3 Access Requirements for tenants of boats and any other service:
Through the web page or you can write us directly to Hi@boatandco.com
4. CONSENT AND ACCEPTANCE OF THE PRESENT TERMS AND CONDITIONS
The user of the service provided by Boat&Co. expressly agree and consent to all the provisions contained in the present general terms and conditions of use, which have read and understood its contents without having nothing to object. The Parties agree that in the event of declared any inconsistency between the information on the Site and the content of the general terms and conditions of use will prevail the contained in the latter. The total acceptance of the user is deemed to be granted if the user has marked “I accept the terms and conditions”.
Boat&Co. reserves the right to enter at any time modifications to the present general terms and conditions of use by entering into force the changes introduced as a consequence of the publication. The continued use of the web page and other sites, as to the application for mobile devices created for that purpose by Boat&Co., constitutes a tacit acceptance by users.
5. OBLIGATIONS OF USE
5.1. Tenant’s obligations:
The tenant is obligated: A to use the Web and the service in accordance with these terms and conditions and to comply with the provisions of the current legislation, to have the certification and/or The qualifications and nautical qualifications required to sail on the boat, to behave responsibly during the duration of the lease, to use the vessel responsibly, and with its own care, to grant and sign a rental contract, of transfer of use for navigation, including a complete inventory of the equipment, material and utensils of the vessel prior to delivery, and another to The date of termination of the contractual relationship. The tenant may make any statement or proviso in writing about the rental contract at the time of the inventory.
The tenant is obliged and agrees to comply with all its obligations in terms of social security and taxation applicable to them.
5.2. Obligations of the owner of the craft:
The Owner puts under an obligation: To present in any moment to request of Boat&Co., the supporting papers of the entitlement of the craft and supporting of its full availability for the transfer in lease or use shared to third persons. To give strict fulfillment to the whole administrative, both state and autonomic regulation, on the subject of marine navigation
and securing of permissions that will be necessary for it, with the obligation to maintain in the craft and at the disposal of the lodger the papers needed legally for the navigation. To have the craft Registered in the suitable corresponding List for the use to which it is destined, carrying the obligatory renewals out in the period foreseen legally. To equip your boat with all the gear technique, security systems, rescue and other kits mandatory chords to its category, keeping them in full operating status and with the revisions prescriptive made within the prescribed time limit, required all of them for the activity to which intended the boat through the published offer. To hire an insurance policy that is valid for the entire period during which the vessel is offered and agreed to be transferred and maintained an insurance for the period of publication of the notice (civil or integral liability),-Verify that the Tenant has the certification and/or qualifications specified in their required nautical CV for sailing on the boat, prior to your assignment or lease. A check the day of commencement of the activity of the tenant’s nautical identity and qualification, coinciding with that of national identity document, passport or equivalent (point subject to obligation of Bost & Co. On request of the owner and subject to rate to be applied). To inform the tenant in the rental contract of any limitation of liability on the part of the insurer.
The owner is obligated and agrees to comply with all his obligations in terms of social security and taxation applicable to him.
5.3 Boat&Co. obligations:
Boat&Co. Undertakes to: have and/or retain the deposit amount, if it deems it appropriate to the owner or the company responsible for the rental of the vessel. To check, before you sign the lease, the suitability for the navigation and the status of the vessel in accordance with the conditions offered, the technical documentation and administrative areas of the boat mandatory for navigation, the validity and enforceability of any of the technical test required for navigation and registration of the boat, and in accordance with the announcement that offered in the web. Resolve any contravention to perform during the rental period at the request of the owner.
On the other hand, undertakes to do everything possible to ensure the proper functioning of the “Site” (web page and applications) and services rendered and to make available the 24 hours a day, 7 days a week, without interruption, except that it is accurate to proceed to its repair, maintenance or upgrade, being for the minimum time necessary to carry it out. The user is reminded of specifically that the site and the service are, as any other computer application, susceptible of malfunction, anomalies, errors and interruptions caused especially by connection problems.As a result, Boat & Co. cannot guarantee the user that the site and the service are permanently available. The user exempts Boat & Co from liability. For any malfunction, anomaly, error or interruption, even assuming that damage could have been caused, provided that this is due or originated in connection problems, or because of the services provided by third party suppliers and that no Have cause in their own means.To respond to the requests of users with respect to the service in a timely manner. To be facilitated by the use of the tools and means of payment made available, the receipt of the due amounts (in leasing concept, bail , etc ) with the owners of the boats and tenants in his case in accordance with the provisions, by transfer to the bank account of the holder.To pay for bank transfer the amount of the margin to the Owner in case that was necessary. To reimburse, in its case, to the lodger the corresponding amounts in accordance with the conditions of the article 7.
A boat’s reservation only comes into effect by receiving 50% of the total rental price. Once the amount of the reservation is received, the lessor will block the boat for the date chosen by the tenant. The remaining 50% must be paid before shipment.
When making a booking offer, the tenant will enter your data and agree to pay 50% of the rent price in advance, by bank transfer having so send a copy of the receipt up to 72 hours of maximum time to accept or reject this offer. After that time, the reservation offer is automatically cancelled.
The payment is split into two. The first is carried out with 50% of the reserve by bank transfer and the remaining 50% on the day of shipment.
The account number to carry out the bank transfer:
Fuel is generally not included in the rental price. Our staff shall specify the average consumption recorded prior to departure. The payment of fuel will be made once the Charter is completed.
Time of departure and return
The time of departure will be established during the booking procedure. Our charters day are 8 hours and to guarantee the safety return must be before nightfall.
In the case of withdrawal of the reservation by the tenant, will be charged an amount equal to 20% of the price of the boat, as expenses of management, for each vessel and, unless otherwise agreed with the lessor will produce the Following returns:
- Cancellations within 30 days of the departure date of the boat: Return of the provided reservation, minus the management costs.
- Cancellations with less than 30 days to the date of departure of the boat: 0%.
To process a cancellation you must contact firstname.lastname@example.org. The cancellation becomes effective after Boat & Co. Send an email to the tenant by communicating the cancellation. If it is the lessor who cancels, it must return 100% of the price to the tenant. On behalf of Boat & Co. All the effort will be made to offer the tenant a boat of similar characteristics in case of cancellation of the lessor. It will seek the best solution for various cases in which the cancellation is by force greater understanding of it: the extreme weather warnings that impede any maritime voyage, legislative and regulatory changes that impede the Lease of the vessel or its transfer of use or navigation.Natural disasters, fires, storms, floods, wars and acts of terrorism, diseases, overvoltages and electric shocks, failures in the systems and equipment of navigation, motor, refrigeration, interferences and slowdowns of the networks of Electronic communications and, in general, any unforeseeable event occurring for cause not attributable to Boat & Co.It should justify a Boat&Co. in writing of the circumstances constituting force majeure within a maximum of 12 hours after the start date. If the duration of the rental is affected to a period of more than one day, Boat&Co. will not be able to reimburse the cost of the lease, circumstance accepted by the lessee, who exempts Boat&Co. of responsibility for such circumstances.In case of cancellation due to a warning time end that preclude any sea voyage, Boat&Co. will try to give a solution to the most accurate possible for both parties.
Will be grounds for cancellation of the reservation without the right to any compensation:
- The imprudence or non-observance of the rules and legislation in force in the use of the vessel, which includes, but is not limited to: embarking more persons than authorized, sailing outside the authorized limits for the boat and its qualification.
- Not to present the qualification necessary for the Government of the boat, when the tenant has not applied for skipper, not to demonstrate sufficient competence in the Government of the boat or not to present in suitable conditions for such service.
- If there is a breakdown, breakage or damage during rental and/or navigation, it is impossible to navigate for at least 23 (twenty-three) hours. The tenant may elect to cancel or continue with the lease without claiming any damages for that reason.In either case the tenant under no circumstances may request a refund of the rental price for such cause in connection with this reservation but some solution to the problem, being the responsibility of the owner or in, extreme case and Within their possibilities, Boat & Co.
Weather cancellation: It is the cancellation of a rental reservation of the boat for a day or lower period caused or due to the contents of the special Meteorological Bulletin whose foresight discourages the navigation on the day reserved.
8.MODIFICATIONS OF THE PRESENT TERMS AND CONDITIONS
Boat&Co. reserves the right to enter at any time modifications in the present terms and conditions by entering into force the changes introduced as a consequence of the publication on the Web site of the updated version. Each time you modify the terms and conditions must be accepted by the user, since the last version is the one that you linked legally and governed in relations with Boat&Co. .
1. Intellectual property
The contents of this website, including, among others, images, logos, graphics, animations, texts or computer applications, whatever their format, programming language and form of representation, as well as the domain name www.boatandco.com are property of the proprietor, or has acquired the corresponding rights of its owners, and are protected by the laws and international treaties in matter of intellectual property and, where appropriate, industrial, As well as by the regulatory rules of the domain names.
It allows the use of hyperlinks to this web and the use or reproduction, total or partial, non-profit, of its contents provided that the source is recorded and a hyperlink is included to this web, and in the cases allowed in the articles 31 to 34 of the law of Pro Intellectual piety (Royal Legislative Decree 1/1996, of 12 April).t is prohibited the use of frames (frames) or any other mechanism to hide the origin or source of the contents, any use, transformation or exploitation of the same with commercial purposes, promotional or contrary to law, morality or public order, which could injure the interests or harm the image of the holder or third legitimate, constituting unfair competition or, in general, against the provisions of these Conditions of Use.
2. Protection of personal data
When browsing these pages, you automatically provide the Web server with information regarding your IP address (unique identifier for the transmission of packets between computers connected to the Internet), Date and time of access, the hyperlink that has forwarded to them, your operating system and the browser used.Without prejudice to the Spanish Data Protection Agency (hereinafter, APD) considers the IP as data of a personal nature, the holder may not get by if only, nor does it intend to do so unless you cause any injury, any information about the holder of the connection to the Internet that corresponds. These data will be saved and used only for the control and implementation of access statistics and visits to the website, and shall in no case be communicated or transferred to third parties.
In case that you set some kind of communication with the incumbent, either by phone, fax, mail or email, your data will be saved and included in a file which is the property of the holder, with the purpose of responding to your query, suggestion or complaint, report or provide the service requested.
Outside of the legally established cases, your data will not be communicated or transferred to third parties without your express consent. This file is conveniently registered in the General registry of the AEPD and it applies the technical, legal and organisational measures established in the regulations on protection of personal data to avoid any access, Unauthorized alteration, loss or treatment.You are informed that the data provided to a lawyer in the exercise of their functions are protected by professional secrecy.
3. Limitation of Liability
The contents of this web site are provided with an informative purpose and informative. Constitute neither a substitute for professional advice, so that the holder is disclaims any liability, direct or indirect,that might arise out of the use or application of the information of this web site outside of its purposes.
The links (hyperlinks) or contents of third parties which appear on this website are provided with the purpose of expanding the information or indicate another point of view.Their inclusion does not imply the acceptance of such content, nor the partnership of the holder with the people responsible for these web pages, so that rejects any liability in connection with the same, as well as the damage that may be caused by any reason in your computer system (equipment and applications), documents or files.The Holder may only be responsible for such content according to what is established in Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, in case of having had effective knowledge of its wrongfulness or that harms the interests or property of a third party, do not delete or disable the link to the same.
The owner does not guarantee the reliability, availability or continuity of this website and its contents for technical, security, control or maintenance of the service, for failure due to the server that hosts the content or other intermediaries or suppliers, by attacks against the computer system, or for any other reasons arising from causes beyond its control, and therefore disclaims any liability, direct or indirect, by the same.
The owner is not liable for faults, errors or damage, direct or indirect, that may be caused to the computer system of the user or to the files or documents stored in the same, that are caused or resulting from the capacity or quality of your computer system or the presence of a virus or any other computer application damaging in the computer that is used for the connection to the contents of the web, of the quality of your connection or Internet access, by a malfunction of your browser, or by the use of computer applications whose versions are not updated or does not get the corresponding user license.