Terms and Conditions
Terms of Service
- 1- General benefits of BoatBureau.
BoatBureau offers registered users an online platform. Through this, owners will offer the use of their leisure boats. On the other hand, a customer can search in the online platform a pleasure boat and make a rental request through the online platform. However, if you want to make a rental request or create a profile of a boat, first of all you must register for an account in BoatBureau.
You can access this website for information, check the suitability, availability and make reservation requests.
The provider of boats will be hereinafter referred to as owner, while the person looking for a boat will be the customer. The term user refers to both the owner and the customer.
Is expressly advised that BoatBureau does not offer any boat nor participate in any way with the contracts between users (owner and customer).
BoatBureau commits to offer the management services in an easy and efficiently way. The information shown is based on information provided by users. Although the service is intended to be as accurate as possible, we cannot verify or guarantee that all information is accurate, complete or correct. For this reason BoatBureau is not responsible in any way of the real state of the boats that are booked by the customers.
BoatBureau offers all users the ability to use the online platform both as an owner and also as a customer. However, to announce a boat (or more) is required the VAT number.
BoatBureau offers users the ability to publish their own content with photographs and texts (descriptions of the boat, photos, reviews and the like).
Through the online platform, BoatBureau transmits rental requests from customers to the owners.
BoatBureau provides users with a messaging system within the online platform through which they can communicate with customers and owners.
BoatBureau offers to the owners the ability to advertise their boat on the online platform with a description, features, images, prices and availability calendar.
BoatBureau offers to the customers an online platform for the pursuit of leisure boat rentals.
- 2- Registration.
The user registration is free in BoatBureau. BoatBureau does not require any payment for the publication of tenders.
By registering or using our services you agree to the validity of the "Terms of Services".
During registration, you must provide true, current and complete information as specified on the registration form. Data should always be correct and current.
To access the features of the website, and to book a boat or create a list, you must register to create an account.
You cannot have more than one active account in BoatBureau. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. BoatBureau reserves the right to suspend or terminate your account and access to the website and services if you create more than one account or the information provided during the registration process or after it proves to be inaccurate, not current or incomplete.
As an owner, you can create listings. To appear in listings through the website, all boats must have valid physical addresses. Listings are made public through the website. Customers can reserve their leisure boat through the web page based on the information in your listing. You acknowledge and agree that once a customer requests a rental request to your boat, the price of that request cannot be altered.
- 3- Responsibilities and obligations of the user.
The user must ensure that the information in your user account is always accurate and current, ie if changes should correct the information immediately. The user account is not transferable.
The user must ensure that your user account will be used only for himself and for that, you must keep your password secret.
Users are responsible for all activities related to the use of their user account. The user will not respond if it is not responsible for the misuse of their user account and that there is no breach of duty of care.
If the user becomes aware that a third party can access to their data or that has obtained access to their user account must inform the BoatBureau immediately. Consequently, BoatBureau will lock the user account to clarify the facts. The user will bear the costs incurred up blocking access to user account, except that the transmission of data access is given to BoatBureau.
Owners must give the ship to customers on the agreed date. To do this, owners and customers must be agreed.
The owner of the boat is liable to describe the boat in a complete and timely manner. Therefore, at least should provide the information requested by B through the fields to describe adequately the boat. In addition, the owner is free to decide whether he wants to apply for other conditions such as the amount of the deposit, final cleaning costs, etc.
As an owner you accept and know that you are responsible of your own acts and omissions and is also responsible for the acts and omissions of anyone using your boat on your request or on your invitation, including the client.
All users are responsible for their content. So, assume all risks associated with the content.
The account is for personal, noncommercial use. By creating a personal account, we ask that you provide complete and accurate information about you to enhance your credibility as a contributor to the site. You cannot impersonate another person, create or use an account on behalf of another person other than yourself, provide an email address that is not yours or create multiple accounts.
- 4- Reservation procedure.
- The consultant will give you the availability for the selection of boats that best suits your needs
- Inform us of the one that you are interested in
- We will request your option (pre-reservation) from the boat owner and normally the boat will be held on reserve for you for 24 hours or up to a week, depending on the season. Keep in mind that availability is not guaranteed until your option is requested.
- Once the boat owner confirms the availability of your option, we will send you the reservation form with all the details.
- In order to complete the reservation, you must pay the amount of the first payment, which is normally 50% of the reservation.
- You must send us proof of payment, fill in part of the form with your personal information and send it to us so that we can issue you a receipt or invoice for your payment.
- We will issue the corresponding receipt or invoice and notify the boat owner of the person who has reserved the boat.
- A document with the confirmation of all details of the charter will be sent. The client must sign and return. In case the client doesn't sign it, it is understood that complies with the data of the document.
- The other 50% is required to pay between 45-30 days before departure. If the required amount before this period has not been paid, the owner has every right to cancel the booking without having to return the amount deposited by the client in the first payment.
- The voucher with all the base information, contact person and telephone will be sent to you. You must print it and carry it with you during the trip. You will also be sent the invoice.
- If BoatBureau do not receive the requested information two weeks before the start of the charter, we do not guarantee the proper functioning of the charter.
- If the reservation is confirmed less than one month before the departure date, the procedure is a bit different. The total amount must be paid at the time the reservation is confirmed.
- 5- Ratings and reviews.
BoatBureau provides users with a rating system through which they can assess, review and upload photographs of the boats used.
Users agree to provide only truthful information in their assessments and to respect the laws. The assessments should be objective and can not contain any offensive criticism.
It's not allowed to use the rating system against its purpose. It is specifically prohibited from making false valuations, issuing ratings on oneself or induce another person to issue them or be influenced in assessments due to circumstances unrelated to the conduct or performance of the contract.
BoatBureau does not perform an exhausted control on valuations nor opinions.
In any case, BoatBureau reserves the right to adjust, refuse or remove reviews and opinions.
- 6- Duration and rescission.
The use contract is valid indefinitely. This may be terminated at any time by the user by sending a statement to BoatBureau, which, through an email or call is enough to declare the termination. The rental contracts of the boat already verified or presented from the user with other users will not be altered by the termination of the use.
- 7- Amendment of the website and the conditions of use.
BoatBureau reserves the right to modify, update, discontinue or remove at any time without notice and without incurring any responsibility for the webpage whenever it is deemed reasonable by the users, taking into account the interests of BoatBureau.
BoatBureau reserves the right to change the "Terms of Service" with future effect. BoatBureau only has to inform the new version of the "Terms of Service" to the user via email.
BoatBureau may change at any time the amount of commission. The corresponding changes will be communicated in advance to users in the BoatBureau website and e-mail before it enters into force.
General terms of contract
These general terms of contract will regulate the relations between BoatBureau and the users who contract the services or products offered on this website.
The present general terms have been drafted in conformity with stipulations in law 34/2002 on information society services and electronic commerce, law 7/1998 on general terms of contract, the royal decree 1906/1999 which regulates telephone and electronic contracts and establishes general conditions in article 5.3 of law 7/1998, the royal legislative decree 1/2007 from the 16th of November which approves the consolidated general law for the defense of consumers and users and other complementary laws, law 7/1996 on retail trade, royal decree-law 14/1999 which regulates electronic signature and however many legal requirements are applicable.
- 1. General service characteristics
1.1. BoatBureau is an agency for boat charter companies and acts as an intermediary between charter companies and the lessee or client.
1.2. The objective of the present website is to inform users of the goods and services sold by BoatBureau. All posterior proceedings and the final contract will be carried out via email, telephone or through the userâ€™s zone that is found within the website.
- 2. Price
The prices and taxes of each service will be established on the website and will be valid for the period of time they remain accessible to the user.
- 3. Method of Payment
The user may pay via a bank transfer to the account whose information is given to the user at the time of payment or in accordance with payment methods displayed on the screen at all times or by credit card.
- 4. Security Deposit
4.1. At the time the documents are signed and the boat is delivered, the client must pay a security deposit to guarantee any breakdowns, breakages, ruptures, tears, cracks or damages as well as operating conditions such as maintenance and cleanliness of the boat and possible delay in return.
4.2. The security deposit can be settled by credit card or cash at the departure port.
4.3. The security deposit will be returned after the boat is checked if it is considered to be in good conditions.
4.4. If the boat is a gulet, a security deposit will not be necessary.
- 5. Delivery
5.1. Prior to delivery, the client has the right to inspect the boat with a representative from the base in order to check to see if the boat and its equipment are in perfect operating conditions. Once the boat is delivered and the trip has started, the client accepts that the boat is in perfect operating conditions.
5.2. The boat is delivered to the client with full water, fuel, battery and crankcase oil and must be returned full. An inventory of the equipment on the vessel will be signed.
5.3. The boat will be delivered to the lessee or client in the port indicated in the particular conditions provided.
5.4. Any delay in delivering the boat due to causes attributable to the client will not entail an extension of the rental period.
5.5. If weather conditions delay the departure, no price reduction will be granted nor will the contract duration be extended.
- 6. Similar Boat
The boat is chartered by category. The base may provide the client with a boat similar to the one in the contract if, due to a prior accident or breakdown, the boat in the contract is not in conditions for sailing.
- 7. Return
7.1. A late return will incur a charge of double the daily rate for each day of delay as well as any possible penalties BoatBureau may have to fulfill as a result of a delay in a posterior delivery of the boat. Weather conditions do not justify a late return.
7.2. The boat must be returned at the same port of delivery and within the time frame indicated except when the particular conditions indicate otherwise.
7.3. At the time of return, the boat will be checked in order to check the equipment and ensure the absence of breakdowns and breakages, ruptures, tears or cracks. Maintenance and cleanliness conditions will be checked as well as the fuel and water tanks to make sure they are full. Any expenses incurred to return the boat and its equipment to the state they were in upon delivery will be deducted from the security deposit, as required.
- 8. Right of withdrawal
8.1. For the service cancellation fees, the terms, amounts and periods established by the boat owner in the rental agreement will prevail.
8.2. If, for any reason, the clause 8.1. can not be applied, the service cancellation fees are the following:
a. Cancellations over 90 days before the service: penalization of 80% of the hired services;
b. Cancellations less than 90 days before the service: penalization of 100% of the hired services;
8.3. If for any reason clauses 8.1 and 8.2 can´t be applied, BoatBureau establishes a cancellation penalty equal to 20% of the price of the rented boat excluding the extras and remnants of contracted services.
8.4. The cancellations must be processed in writing through the customer service on the email address [email protected].
We remind you that BoatBureau offers the hiring of insurance policies for your rental:
- 9. Right of termination
9.1. Non-compliance with payment deadlines will terminate the contract. BoatBureau must notify the client of said termination in writing and the amounts paid will remain in the custody of BoatBureau.
- 10. Norms of Use
10.1. The client will use the boat in accordance with legislation in vigor and take sole responsibility for possible infringements that may occur during the use of the boat.
10.2. The client must provide the documents and licenses the base requires to render the service. If the base considers the client to be lacking in competence as skipper, the base will hire a skipper to start the trip. The expenses incurred will be assumed by the client in accordance with the rates in vigor.
10.3. The area of navigation allowed will be specified in the particular conditions, as long as the license permits. The user may not navigate in areas other than the ones indicated without a written authorization from the base. Control of the boat may not be given to anyone other than the person designated in the contract.
10.4. The client must use the boat for individual recreational use with the people indicated in the particular conditions and must not engage in commercial or competitive activities or in any way, shape or form sublease the boat.
10.5. It is prohibited to embark a number of people onto the boat that is superior to its capacity.
10.6. Additional costs are not included such as food, fuel and water refills, berths outside the port base and other extra services not requested at the time the service was contracted such as skipper, chef, attendant, assistant, automatic pilot, Spinnaker or Blister. The prices of onboard consumption are set by each boat (gulet) and BoatBureau has no responsibility or competence in this aspect. The client is advised to request the price list and consult it at the start of the trip before consuming and to be aware of the costs of berths, anchors, port taxes, local taxes and entries to national parks. BoatBureau is not responsible for incidents that may arise to that respect.
10.7. The client must inform BoatBureau immediately of any accidents or damages or losses the boat has suffered or may suffer.
10.8. The lesser is exonerated from responsibility of damages the lessee may cause to third persons or objects as a result of using the charter boat.
10.9. The client will define the trajectory for the trip along with the skipper or the base manager. The trajectory defined may be subject to modifications due to justifiable weather causes. In the event of such, and due to these reasons, the client does not need to give prior notification or consent and may not file complaints for the change in trajectory.
- 11. Complaints
11.1 Complaints must be filed during the charter or at the time the boat is delivered in writing with the document the base provides for said purpose. The complaint must be signed by the client and the base manager and a copy must be sent with a certified receipt to BoatBureau (Caspe nº 162, 2º 08013 Barcelona, Spain) within a maximum of 4 days after the end of the trip.
11.2. In the event of a gulet charter, the client has been forewarned that, given the special characteristics of this boat, under no circumstances may a complaint be filed for losses caused by the presence of leaks.
- 12. Jurisdiction and Applicable Law
To resolve disputes over interpretation or jurisdiction, said disputes will be expressly subject to the jurisdiction and competence of marine authorities and, where relevant, the courts of Barcelona (Spain).
The present contract is subject to Spanish Law.
We appreciate your trust in BoatBureau to make reservations for leisure boats. It is for this reason that at all times we protect the privacy and confidentiality of your personal data.
- 1 - Policy protection of personal data.
The strict security procedures of BoatBureau are intended to prevent the misuse and unauthorized access to personal data.
BoatBureau has a file of personal data which includes personal data obtained through the registry whose purpose is purely statistical, for sending promotions and for maintaining the relationship that may have BoatBureau with the user.
For this reason, the user, through his consent when registering, agree and warrant that his information is used, for the purposes discussed above. Moreover, with such consent, BoatBureau may publish the views and images of the users related with the boats.
When making a request to rent a boat must complete a form with your personal data. This information is required to process your request for rentals (including sending an email request for processing the hire).
In order to close the rent, will only disclose your name and contact detail to the owner of the boat in which the request is made for hire.
If data communications are carried out with owners located abroad (international data transfers), you consent to transfer your data to the respective owners for the purposes and goals stated above. These owners may be located anywhere in the world, even in countries that do not offer a level of protection comparable to the Spanish legislation on data protection.
Consent to treatment data is not written off until it's not communicated by writing its revocation.
- 2 - Your Responsibilities.
Using the web of BoatBureau means that you accept the legal conditions that are posted on this when you register.
The information displayed of the owners on BoatBureau must be real. For this reason, all owners must agree and ensure that all information is real. Otherwise, customers will be able to comment on the valuation of the boat giving negative publicity to it and also be able to contact BoatBureau and explain their dissatisfaction, and so try to find a solution.
Para acceder y utilizar los servicios que ofrece BoatBureau en su pÃ¡gina web, es necesario que nos proporcione sus datos de carÃ¡cter personal en el momento del registro. Tiene que rellenar todos los campos marcados con un *, es decir, obligatorios y asÃ poder registrarse y acceder a los servicios de BoatBureau. Si no lo hace, no podremos formalizar el registro y usted no podrÃ¡ acceder ni utilizar los servicios que se le ofrecen.
If you rent a boat that requires a current certification, if you donâ€™t hire additional services from an skipper, you will be required to provide certification stating your nautical knowledge.
It is important to know that unsubscribe does not mean you can no longer receive information from BoatBureau. If you would not like more information, you only need to contact in writing with BoatBureau. Once we receive your request, we will proceed to cancel this action.
- 3 - BoatBureau's responsibilities.
BoatBureau is not responsible for the truthfulness, accuracy, adequacy, completeness and timeliness of information provided by the owner of the boat. No liability for errors that may be in the information and services and assumes no duty or obligation to verify or monitor the content and information.
BoatBureau solely offers information service as it appears on the web. Owners should contact directly with customers. BoatBureau is not responsible for the damage and prejudices that may be because of the quality, price, content or availability of the services you want to hire or already hired.
BoatBureau is not part of any agreement between owners and customers nor a boat rental agency. BoatBureau has no control over the conduct of owners, customers and other users of the site, and disclaims all liability in this regard.
BoatBureau is not responsible for any problems the customer can have during the charter. Whenever there is a problem with the boat, owner unfulfilled conditions or conduct by the owner, the customer will require the owner a solution, not to BoatBureau. The customer signs a contract and conditions with the owner of the boat, not with BoatBureau. Although the customer pays directly to BoatBureau, BoatBureau is exempt from any responsibility because it only acts as intermediary.
In any case, BoatBureau reserves the right to adjust, refuse or remove reviews. BoatBureau can also change without notice the design and content of the website and services.
The reviews form is a survey and does not include offers, invitations or incentives whatsoever.
BoatBureau grants the user the right to withdraw from the website quickly and easily.
This privacy statement can be corrected at any time in order to reflect the latest changes.
To improve our service, we use "cookies", visitor counter and other ways to collect non-personal unidentifiable data (such as Google Analytics).
Cookie is a file that is downloaded to your computer to access certain web pages. Cookies allow a website, among other things, store and retrieve information about browsing habits of a user or their equipment and, depending on the information they contain and the way you use your computer, can be used to recognize the user. The user's browser stores cookies on your hard disk only during the current session occupying a minimum space of memory and not damaging the computer. The cookies do not contain any specific personal information, and most of them are deleted from the hard drive at the end of the browser session (so-called session cookies).
Most browsers accept cookies as standard and, independently thereof, allow or prevent the security settings in temporary or stored cookies.
Without you consent -through activation of cookies in your browser - Boatbureau will not link in cookies stored data with personal data provided at the time of registration or purchase.
What types of cookies uses this site?
- Technical Cookies: are those that allow the user to navigate through a website, platform or application and use of the different options or services it exist as, for example, control traffic and data communication, identify the session, access to restricted parts, remember the elements of an order, make the buying process an order, make an application for registration or participation in an event, use security features, while browsing the content store broadcasting or sound or video content sharing through social networks.
- Cookies Customization: are those that allow users to access the service with some features of a general nature based on a predefined set of criteria the user terminal such as would be the language, the type of browser through which access to service, locale from which you access the service, etc.
- Cookies analysis: are those that allow us to quantify the number of users and thus the measurement and statistical analysis of the use made by users of the service offered. To analyze this browsing on our website in order to improve the supply of products or services we offer.
- Third Party Cookies: The Web of Boatbureau can use third-party services on behalf of Boatbureau, compile information for statistical purposes, the site of use by the user and providing other services relating to website activity and other services from Internet.
You can allow, block or delete cookies installed on your computer by configuring your browser options installed on your computer:
- 5 - Marketing Materials.
You will receive an email confirming your registration with the Bureau Boat website. You will also receive another email stating all the specifications of your rental request once you have made this request.
Furthermore, after enjoying the experience, we will send you another e-mail inviting to complete a feedback form so we can improve the information of the boat and the service's website.
Also, from time to time we will contact you via email to provide new information, opportunities and offers.
- 6 - Contact
boatbureau.com is owned by Enix information technologies SL.
Data of the company
In compliance with the article 10 of law 34/2002, of 11 July, of services of the information society and electronic commerce (LSSI) are the identifying data of the company.
- Website: boatbureau.com
- Corporate name: Enix information technologies SL
- VAT: B-64526536
- Registered office: Caspe nº 162, 2º 08013 Barcelona
- Property and use of content
The information received through our web site boatbureau.com will be treated with the utmost confidentiality. To make a rental request, the user guarantees the truthfulness, accuracy and authenticity of all those data communicated, assuming to Omitsis limited company any liability arising out of the provision of false or inaccurate information and the damages to the company or third parties liable to cause such circumstance.
We inform about the existence of files of personal data that respond to the purpose of managing the rentals and suggestions of users for purposes of the provisions of Law 15/1999 of 13 December on the Protection of Personal Data. Omitsis Limited company undertakes to respect and facilitate users of the rights recognized by law, in particular, rights of access, rectification and cancellation of data.
The legal notice regulates the conditions, access and the use of the website, its content and services made available to users. Moreover it will be accepted by the user by simply visiting the website. The user declares to be of age and has legal capacity to be bound and accept the conditions of the legal notice which are detailed here.
All images, logos and texts of the webpage belong to boatbureau.com, and they are protected by copyright. On the other hand, images, logos and information pertaining to boats belong to their respective owners (in addition to the photographs in profile of users). It is not allowed the total or partial reproduction of these images, logos, or information without the consent of their respective owners.