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Terms of Service

Terms of service and contracting

Bojeo Tours, S.L. (hereafter referred to as “AlquilerdeBarco.com”, “we”, “us”, or “our”), with CIF B66278391, registered at the Mercantile Register of Barcelona and established at C/ Vía Augusta nº209, 08021, Barcelona, Spain, applies these Terms of Service to its customers (users). AlquilerdeBarco.com is a peer-to-peer boat rental marketplace, managing boat rental bookings and the collection of such rent. AlquilerdeBarco.com will never be responsible for the provision of the renting.

By contracting any service of AlquilerdeBarco.com the customer (user) fully and unreservedly accepts the present Terms of Service, which are complemented by the regulation contained in the Privacy Policy that appears on the same website.

The regulation of the boat renting is made between the customer (user) and the final service provider (owner: boat owner or manager), through the agreement with the final provider of the service (owner). AlquilerdeBarco.com does not intervene, nor is it part.

These Terms of Service and the Privacy Policy are accessible at http://www.alquilerdebarco.com/terminos-conditions and http://www.alquilerdebarco.com/politica-privacidad. The email address for any enquiry or communication is info@alquilerdebarco.com and the website is http://www.alquilerdebarco.com (hereafter, AlquilerdeBarco.com).

AlquilerdeBarco.com will ensure that the customer (user) is fully satisfied. Please do not hesitate to contact us at info@alquilerdebarco.com for any incident. Any communication or document should be sent or copied to the same email address.

 Object of service and contract

By managing bookings, AlquilerdeBarco.com provides intermediation services to facilitate boat rental bookings. Through AlquilerdeBarco.com, the customer (user) makes the booking of the service, and then, if applicable, rents a boat with the final provider of the service (owner), under the conditions and price agreed. As agreed with the final provider of the service (owner), AlquilerdeBarco.com is responsible for the collection of the leasing.

By showing all the boats on its website, AlquilerdeBarco.com is acting as intermediary and its responsibility is limited to connecting the customer (user) with the final provider of the service (owner), which is the only and directly responsible for the provision of that service. AlquilerdeBarco.com is not responsible for the provision of the service and therefore, does not guarantee or respond to the non-fulfilment or non-exact fulfilment of the service contracted by the final provider of the service (owner), with whom the client hires the rental service.

AlquilerdeBarco.com informs that it expressly requests all final service providers (owners) a good supply of the same, in full compliance with the industry standards and the leasing agreement. Failure to comply with this obligation by final service providers (owners) implies that AlquilerdeBarco.com may decide unilaterally to dispense with their boats and to remove them from the online booking platform.

The final provider of the service (owner) additionally and expressly puts in charge AlquilerdeBarco.com of the collection of the leasing from the customer (user) for the rental services agreed. The hiring of other services or extras, as well as the guarantee to be provided, will also be agreed between the customer (user) and the final provider of the service (owner), but in this case it will be charged directly by the latter.

The client (user) expressly accepts the limitation of responsibility of AlquilerdeBarco.com and that, consequently, AlquilerdeBarco.com is only responsible for the collection and formalization of the booking of the chosen boat, and for the collection and lease according to the conditions and parameters established and the characteristics announced. The customer (user) knows that the final provider of the service (owner) may not accept the booking. In this case AlquilerdeBarco.com will offer the client (user) alternative boats or the full refund of the amount paid.

Although we try to make the service as accurate as possible to what is published on AlquilerdeBarco.com, we cannot verify or guarantee that all the information is accurate, complete or correct. The final provider of the service (owner) is responsible for the information (prices, configuration, features, extras, etc.) included in AlquilerdeBarco.com in terms of their boats.

AlquilerdeBarco.com does not verify this information and, as a consequence, the final provider of the service (owner) is the exclusive responsible of the truthfulness and correctness of that information. The client (user) accepts that any claim in this regard will be made directly and exclusively against the final provider of the service (owner). Despite this, we inform you that AlquilerdeBarco.com requires the final providers of the service (owners) to supply truthful and correct information; otherwise, they may be excluded from AlquilerdeBarco.com. Any incident, must be sent to info@alquilerdebarco.com.

The rental agreement will have the same duration of the rental booking form, notwithstanding that it will be subject to the regulation of the contract to be signed with the final provider of the service (owner). Any change about its duration must be notified to AlquilerdeBarco.com for its management and control. 

Validity

Terms of Service enter into force when the client (user) generates the booking form.

Booking and contracting terms and conditions

The booking process with AlquilerdeBarco.com and the subsequent contracting with the owner is very easy and intuitive:

  1. The first step to be taken is to enter into AlquilerdeBarco.com website.
  2. Select the chosen boat and read its conditions.
  3. Select the wanted date and duration to sail or if you want some extra service, in addition to filling in the mandatory personal information.
  4. Confirm the booking details.
  5. Wait for AlquilerdeBarco.com confirmation, meaning that the boat owner accepts the conditions of your booking.
  6. Pay AlquilerdeBarco.com the amount of the lease of the boat or the agreed part of the service.
  7. When AlquilerdeBarco.com receives the correct amount from the user, and once the leasing agreement between the parties has been obtained, made by the boat owner and sent to AlquilerdeBarco.com, then the payment will be made to the boat owner.
  8. Once the customer has received the service from the boat owner, AlquilerdeBarco.com can request the client (user) a detailed evaluation of the service received and to publish it as a reference for other users.

The client (user) acknowledges that the exclusive responsible for the provision of the service is the final provider of the service (owner), according to the contract they will sign and that the owner is the solely responsible for the contract.

Definition of customer (user) and its obligations

Customer (user) is any person over the age of eighteen, able to contract and bound to accept the present Terms of Service when creating a booking form. Can also be any registered user at AlquilerdeBarco.com.

The customer (user) agrees to:

  • Always provide verified, accurate and up-to-date information about the requested details, both personal and other.
  • Do not provide his password to anyone to ensure that the only person who accesses with his user is himself.
  • Provide the details requested in order for AlquilerdeBarco.com to be able to manage the booking, the contracting and the provision of the service by the final provider of the same (owner), and the lease payment.
  • Accept that AlquilerdeBarco.com can transmit such data of a personal nature to the final provider of the service (owner), so that it can carry out the lease, and have the data of the people who will man his boat or will be passengers of this. The final provider of the service (owner) has the commitment and the obligation to comply with the regulations for the protection of personal data.
  • Provide information and licenses that, if applicable, will be requested by the final provider of the service (owner).
  • Make payments for the amounts corresponding to the contracted services in the terms informed at the time of booking and / or contracting.
  • Make proper use of the services and, where appropriate, have the titles or licenses appropriate to use the boat.
  • Pay all services as indicated by AlquilerdeBarco.com, as well as those made during the trip and not expressly included in the contract such as skipper, fuel and water, moorings outside the base port, fees, and all other requested services, according to the leasing agreement.
  • Provide only true information when valuating the received service. AlquilerdeBarco.com reserves the right to adapt, reject or withdraw any valuation or opinion.

Definition of final service provider (boat owner)

The final provider of the service (owner) may own one or more boats, a charter company, a brokerage firm, or may be an agency managing the operations of the boat owners.

AlquilerdeBarco.com offers the final providers of the service (owners) the possibility to advertise their boat in the online platform with a description, characteristics, images, prices and availability calendar, according to the information they provide AlquilerdeBarco.com. With all these details, AlquilerdeBarco.com can make its booking and, if applicable, collect the rent payment.

 Hiring means

The client (user) and AlquilerdeBarco.com accept the possibility of formalizing the agreements and contracts by any means admitted in law, including contracting through the web or electronic mail, telephone recording, digitised signature or electronic signature, and that these can be stored, organized or reproduced by any available means. 

Payment methods

The customer (user) will make the payment at the time of booking or contracting, in the quantities and at the time indicated in each case (that will be according to the previous acceptance of the client (user)).

When making the reservation, if the payment of the whole amount is not requested, the client (user) is obliged to make the remaining payment on the indicated dates.

Accepted payment methods are those made through the platform enabled on AlquilerdeBarco.com website, by debit or credit card Visa, Visa Electron, Master Card, Diners Club and American Express, as well as other channels that can be implemented via online as PayPal, Redsy's or others.

In case of incidents with the payment through the web, AlquilerdeBarco.com will provide another method of payment as a bank transfer so that the client (user) can make the payment within 24 hours from the moment of booking or from the scheduled payment date.

Cancellation by the customer (user)

In case of booking cancellation by the customer (user), the expenses for the cancellation of the service will be those included in the leasing agreement signed with the final provider of the service (owner) and, in case of not appearing or not being signed yet, the following shall apply:

  • Cancellations received 60 days before the date of departure: 50% penalty of the price of the lease.
  • Cancellations between 30 and 60 days before the date of departure: 75% penalty of the price of the lease.
  • Cancellations with less than 30 days before the date of departure: 100% penalty of the price of the lease.

In order to process the cancellation, AlquilerdeBarco.com will charge €200 to the customer (user) for management costs.

Cancellations will be processed by email to info@alquilerdebarco.com

Cancellation by the final provider of the service (owner)

Notwithstanding those agreed upon in the leasing agreement with the final provider of the service (owner), we inform you that in the following cases the contract and/or booking will automatically conclude, without compensation, nor refund of the price paid by the customer (user):

  • Failure by the customer (user) of the payments in the expected terms.
  • The recklessness or non-compliance with the norms and legislation in force using the boat, which includes, but is not limited to: boarding more people than authorized, sailing outside the authorized limits for the boat and for its license.
  • Not presenting the license required to sail the boat at the time of embarking when the client (user) has not requested a skipper.
  • Not demonstrating adequate competences in the boat's management, when the client (user) has not requested a skipper. 

Acceptance of terms

If any of the terms of these "Terms of Service" are declared null in application of the current legislation, or by virtue of a judicial decision of a court or body with enough jurisdiction, the remaining terms will remain in force.

Future changes

Changes on AlquilerdeBarco.com or in these Terms of Use and Service will be communicated to the client (user) and will be accepted by the client (user) if he enters again on AlquilerdeBarco.com after this communication.

 Claims and applicable jurisdiction

Claims will be notified in writing and with an irrefutable method of receipt.

In order to resolve any dispute relating to the interpretation or its own jurisdiction, you expressly agree to submit to the jurisdiction and competence of the marine authorities and, if applicable, to the courts and tribunals of Barcelona (Spain).

These conditions are subject to Spanish law.

Help

Need help? Contact us!

Faced with any doubt, contact us by telephone or e-mail