General Terms and Conditions of Service «Barcelona Yachts» (March 2022)
The conditions of use stated in this document are a proposed translation to enable the understanding of the service to the users.
1. Definitions
The terms defined below have these general conditions and the meanings credited to them are below the terms each time they start with a capital letter, whether they are used in the singular or in the plural.
Listing: designates a Rental or Co-navigation published by the boat Owner on the website.
General Conditions of the Service: designates to these general conditions of use
Barcelona Yachts: designates to the company Barcelona Yachts, a simplified joint stock company whose registered office is at Fuerstenrieder Str. 279, 81377 Munich, Germany, with the VAT no: DE129491633, registered in the Munich Mercantile Registry under the number HRB64796.
Co-navigation: designates the navigation activity sharing the costs of owning, maintaining and using the Boat. This participation calculated by the Owner under his sole responsibility, must be strictly limited to a share of those expenses. The Owner is prohibited from taking any benefit from Co-navigating. The Owner acknowledges and accepts that the perception of any amount that exceeds the simple distribution of expenses could lead to the reclassification of Co-navigation as a transportation activity, Barcelona Yachts refuses any responsibility that may derive from this reclassification.
Barcelona Yachts Commissions: designates a percentage of commission included in the price but paid by the Owner to Barcelona Yachts as remuneration for the intermediation service that Barcelona Yachts provides to the Owner. The customer is not the one who pays the Barcelona Yachts commission; commission is liable to vary depending on the contractual agreement between Barcelona Yachts and the Owner.
Barcelona Yachts Tax: These consider the costs related to the operation of our platform that allow us to offer services such as Customer Service throughout your excursion. VAT included.
Content: designates all text, graphic, image, video, information or other elements that Users post, upload, publish, send, transmit or include in their Listing or User account so that it is available on the Website.
Boat: designates any Barcelona Yachts vessel advertised for rent on the Website (such as sailboats, motorboats, barges, catamarans, jet skis etc.).
Renter: designates any natural or legal person who hires a boat for rent or for Co-navigation.
Rental: designates the rental of a Boat to a Renter by any Owner at the dock or at the sea.
Additional Options: designates the options that the Renter can choose apart from the Owner’s Price (bed linen costs, cleaning, etc.).
Start Date: designates the beginning of the Rental or arrival at the Boat on the first day of the Rental / or Co-navigation, the time of cleaning, refueling and check-in and check-out is part of the rental duration stipulated in the contract.
Renter Price: designates the price shown in the Owner Listing without any extra options. The renter’s price does not include the price for the Boat in port, nor fuel costs unless specified in the announcement.
Owner’s Price: designates the price required by the Owner at the time of publication of his Listing, with the Barcelona Yachts Commission included.
Owner: designates any natural or legal person, professional or private, who, claiming to be the owner or possessor of a Boat, offers their Boat for rent on the Barcelona Yachts website. It also designates the representative of an Owner, this representative must be able to prove his authority of the Boat. Professional Owner: designates any owner or holder who uses the Service in a professional capacity and whose activity is declared in the Mercantile Registry in line with the regulations in force in the locality, region and country where the Professional Owner performs his activity.
Private Owner : designates any owner or holder who does not use the Service in a professional capacity in line with the regulations in operation in the locality, region and country where the Private Owner performs his activity.
Service: designates the set (i) of the service that puts Owners and Renters in contact to facilitate the Co-navigation or Boat Rental at the dock or at sea and (ii) the reservation management tool and of payments between Users.
Website: designates the website www.barcelona-yachts.com
Users: designates any user of the Website and the Service whether the Owner or the Renter.
2. Acceptance of the General Conditions of Service
The use of the Service and the Website is subject to these General Conditions of Service which form a contract that governs the relations between the User and Barcelona Yachts. They void and replace all earlier requirements and constitute the entirety of the rights and obligations of Barcelona Yachts and the User for their purpose. The parties accept that in the event of any discrepancies between the information on the Website and the General Conditions of Service, the latter shall prevail. It is considered that the User gives total and complete acceptance, of these General Conditions of Service from when he ticks the box I accept the General Conditions and the privacy policy, when creating your User account or subscribing to an offer. If this box is not checked, the User acknowledges that the creation of the User account and the use of the Service is not possible or valid.
Barcelona Yachts reserves the right to amend these conditions at any time, they will take effect immediately when they are published on the Website. By continuing to use the Website, Users therefore accept the latest updated version of the General Conditions of Service.
3. Purpose of the Service
The Service puts Owners and Renters in contact to enable Co-navigation or Boat Rental, alongside the management of payments between Users. Barcelona Yachts acts as an intermediary, who does not provide any service to the User. Barcelona Yachts does not provide the leasing service; that is provided by the Owner, to whom Barcelona Yachts provides an intermediation service in the nautical leasing. Each User comprehends and accepts that Barcelona Yachts is always a third party in the contractual relationship between an Owner and a Renter. Barcelona Yachts is limited to acting not only as an intermediary in nautical leasing but also as an intermediary between the payment by the client and the collection by the final service provider. The fact that Barcelona Yachts obtains the money from the User, to transfer it to the Owner, does not mean that Barcelona Yachts charges the User for the leasing service. Barcelona Yachts only charges its commission and/or its Barcelona Yachts Rate for the intermediation. In this way, Barcelona Yachts will not fulfil the obligations of a User in their place nor will it be accountable for the breaking of contractual obligations by a User. Each User agrees to abide by the terms and conditions in said contract that is issued by the Owner.
4. Access to the Service
The Users of the Barcelona Yachts platform must provide accurate information. Barcelona Yachts is not responsible for confirming the identity and the information given by the Users. For transparency and to prevent fraud, in accordance with appropriate legislation, Barcelona Yachts may ask Users to provide an official identity document or other information, or agree to other controls aimed at verifying identity and background of Users, check external databases or other information sources.
4.1. Juridical Capacity
The service is for individuals of legal age, emancipated minors, with full legal capability and for legal persons who can fully adhere to the present General Service.
4.2. Access
To use your User account, the User must have an email address and a valid mobile phone number during the complete duration of service use.
5. Use of the Service
5.1. Creation of a User account
To use the Service, the User must create a User account following the process on the Website and/or via email. The User is entirely responsible for maintaining the confidentiality of their passwords to their service account. Barcelona Yachts is not responsible if anyone other than the User or an unauthorised person uses the Service. If a User forgets their information or if it is misused by third parties, the User agrees to inform Barcelona Yachts as soon as possible by email info@barcelona-yachts.com
The User agrees to update their email address and/or mobile phone number on the Website if any changes occur.
5.2. Posting an Announcement
Any Owner can publish one or more Listings free of charge to offer a Boat for Co-navigation and/or Rental, in accordance with the stipulations of article 6.1.1. The Owners publish online Listings with the quality of the services offered (noting price, condition of the boat, etc.). By ticking the box “I accept the general conditions” when creating a User account or publishing an Listing, the Owner agrees and accepts that their Listing may also be published on the websites or Applications of other companies, as well as the various domains of these websites and their Applications. Each owner is responsible for the content of the Listings published on the site in its entirety. The fact that a Professional Owner presents himself as a non-professional, or that he informs in the Announcement of information that does not correspond to reality is a deceptive commercial practice and is to be dealt with according to the regulations in force. It is reminded that the Service provided by Barcelona Yachts is limited to contacting owners and Renters and managing the collection in service of the Owner. In such circumstances, Barcelona Yachts is not responsible for the misleading or incorrect information of a Listing.
Barcelona Yachts is not responsible for any User, Boat or Listing.
Barcelona Yachts requires Owners to include at least one photograph about the Boat in their Listing and indicate:
? the features and location of the Boat,
? if parking at base port is included in the Rent and/or Navigation.
? the nautical qualifications necessary for its use in Rental or if it requires a navigation professional,
? available dates of hire of the Boat,
? the Daily Owner Price chosen based on the availability dates,
? the amount owed per hour or per day if the boat is returned late,
? the amount of the guarantee deposit required for the Rental of the Boat,
? all possible additional expenses (bed linen, cleaning),
? the conditions of cancellation of the Rental or Co-navigation chosen by the Owner according to the options provided in article 7.3.
In the case of a Rental, the Owner’s Price is chosen by himself, and it includes the Barcelona Yachts Commission. In the case of a Co-navigation, the Owner agrees that the Owner’s Price is strictly limited to a quota of the costs of owning, maintaining and using the Boat. The Owner is prohibited from taking any profit from Co-navigating. The Owner recognises and accepts that the receipt of any amount that exceeds the simple distribution of expenses could lead to the requalification of Co-navigation as a transport activity, with Barcelona Yachts declining any responsibility that could arise from this reclassification. The Professional Owner accepts that the Owner’s Price is, equivalent to the public price advertised on any other platform, publication or on his own website.
Barcelona Yachts will show in the Listing published on the Website the corresponding Renter’s Price with the total price in euros that the Renter must pay to the Owner, including (i) the Owner’s Price and (ii) the additional expenses specifically mentioned in the Announcement. The Listing price includes VAT. The Price does not include fuel costs, unless indicated in the Announcement. Within the outline of the Rental, the Users understand, acknowledge, and accept that the Rental contract only applies to the Boat, not including the space reserved by the Owner for the Boat parking in the port. However, the Renters benefit, free of charge, the right to use this space during the duration of the Rental contract to park the Boat if this possibility is expressly stipulated in the Announcement.
5.3. Insurance
The Owner accepts to only offer the reservation of Boats that are insured for their Rental and/or Co-navigation activities, regardless of the User’s nationality, the planned navigation area and/or the usual base port of the Boat. The Owner must inform his annual recreational boat insurer about his Rental or Co-navigation activity.
5.4. Renter’s reservation request
The Renter selects a Boat, a start date and an end date for the Rental or Co-navigation on the Website, as well as, one or more of the additional options given by the Owner in the chosen Listing. This selection constitutes a Reservation Request for the Boat (the “Reservation Request”). The Owner then has 1 to 72 hours to accept or reject this request. Once this period has expired, the Reservation Request will expire. The Owner may accept or reject a Booking Request, at its discretion.
Barcelona Yachts limits itself to intermediating between the User and the Owner, transferring, to the User the confirmation made by the Owner of the reservation if required.
5.5. Boat Reservation
After charging the cost of the Renter’s Price to the Renter’s bank account, to his credit card or through any other means of payment accepted by the platform, Barcelona Yachts communicates to each of the Users the information and personal data of the other User. The users agree to only use that information within the act of the Rental or Co-navigating service and refrain from contacting them directly in the future to make a new Rental or Co-navigating booking without the platform managed by Barcelona Yachts.
Barcelona Yachts is not part of the nautical lease reservation contract, the only party to the contract is the User and the Owner. Barcelona Yachts only acts as an intermediary between the two. On the Start date, the Owner and the Renter undertake to carry out a contradictory entry review and to sign a Rental or Co-navigation contract between them. At the end of the Rental or Co-navigation day, the Owner and the Renter undertake to perform a contradictory departure review, confirming the status of the boat that is the object of the rental, and to resolve any issues that may arise If the Renter fails to be back for the scheduled return time of the Boat, he/she will have to pay the Owner the amount of the delay that is specified in the Announcement.
5.6. Security Deposit
The Owner may require a security deposit to Rent his Boat which will be specified in the Announcement. In the event of omission by the Owner, it is their sole responsibility to fix it by mutual agreement with the Renter. Within the outline of a rental between a Professional Owner and a Renter, the Professional Owner has the right to demand from the Renter a security deposit in the form of a check, fingerprint or debit from his bank card or any other form of payment of the amount indicated in the Listing.
Barcelona Yachts is never responsible for the management of the guarantee deposit under any aspect, especially in case of disagreement between the Owner and the Renter regarding the enforceability of the security deposit. Users understand and accept that Barcelona Yachts will not act as a mediator or arbitrator in the event of a dispute between Users.
5.7. User Evaluation
Each user can evaluate another User with whom they have signed a Rental or Co-navigating contract by writing a comment and/or by a scoring system. Only the Rentals and/or Co-navigating carried out give the right to issue an evaluation. The Owner’s Listings will be classified based on the quality of the comments and/or notes, the regularity of reservations and the Owner’s response time. Users cannot delete a comment written by another User. The User can notify Barcelona Yachts of a comment that breaks these General Conditions of Service by sending an email to info@barcelona-yachts.com Barcelona Yachts reserves the right to delete any comment that violates current regulations (racist, discriminatory, contrary to good conduct or public order…) at its sole discretion, as well as deletion of User accounts in the event of repeated inappropriate comments.
6. Obligations of the parties
6.1. Obligations of the User
The User agrees to:
? use the Website and the Service in accordance with these General Conditions of Service and with the laws applicable,
? offer truthful, lawful, objective information whilst respecting the laws applicable (insult, incitement to hatred, racism…),
? act lawfully when using the Service and the Website,
? only have one User account and not to open a User account on behalf of someone else,
? only use his User account in a personal capacity, since all actions carried out from his User account are considered to have been carried out by himself,
? regularly update information by connecting to your User account,
? not transfer your User account to third parties or to another User,
? maintain the secrecy of passwords to your User account,
? be able to validate any degrees and/or nautical qualifications at all times, if required,
? respect the administrative and health formalities in force (especially in case of navigation outside France),
? complete and sign on the Start Date a Rental or Co-navigation contract that includes a contradictory entry review. In the event that the User and the Owner do not sign a written lease contract, the User agrees that they are also bound by a verbal lease agreement with the Owner, of which Barcelona Yachts is not a party.
? sign with the date of Rental or Co-navigation, or with the date of return of the Boat in case of delay, a departure review of the Boat. The Renter may express any reservation of his choice in writing in the Rental or Co-navigation contract at the time of the review.
Each User must be accountable for filing on a memory medium external to the Website the information that can be consulted on the Website that they require to keep evidence, accounting, etc. However, Barcelona Yachts will provide to Users on the Website the different versions of the General Conditions of Service via the User account.
6.1.1. Specific Obligations of the Owner
The Owner agrees to:
? be able to always prove that he is the Owner or possessor of the Boat,
? have, your boat legally declared and/or registered with the competent administrations if relevant,
? offer Boats for reservation that are equipped and well maintained, with technical controls and equipment up to date, and have an appropriate security system for their category of navigation,
? make the Special Verification Register available to the Renter and the authorities, in case of control,
? have valid insurance (civil liability or all-risk) for the duration of any Rental and Listing in accordance with the conditions of article 5.3 and be able to present a valid insurance certificate when requested by Barcelona Yachts and/or the Renter,
? confirm the Renter’s identity before signing the Rental contract,
? confirm that the bank card used to pay for the Rental and/or Co-navigation belongs to the Renter on the Start Date of the Rental,
? confirm that the Renter holds the titles and/or qualifications detailed in his nautical curriculum which are necessary to navigate the Boat, if the lease is without skipper,
? confirm that the name in the Rental contract or, if verbal, of the reservation or Co-navigation matches the identity document provided by the Renter and the payment card used to pay for the Rental or the Co-navigation and provided on the Start Date,
? notify the Renter in the Listing and/or the Rental or Co-navigation contract, of any limitation of liability of their insurer.
? provide Barcelona Yachts with the rental contract signed by both parties, alongside any other documents that allows Barcelona Yachts to deal with a payment cancellation procedure from the Renter’s bank. Barcelona Yachts may request reimbursement from the Owner of the rental amount if the Owner is not able to provide such supporting documents.
The owner accepts to respect his social and tax obligations based on his status before the competent administrative authorities. The Owner understands that Barcelona Yachts does not have any obligation of advice and does not assume any responsibility in this regard. If requested, The Owner must provide the Renter an invoice with the Owner’s Price. The Owner also will not divert and/or contact the Users of the Service and will not enter into Rental and/or Co-navigating contracts directly with them, without a reservation via the Website.
6.1.2. Specific obligations of the Renter
The Renter undertakes to:
? be the owner of the bank card that was used to hire the Boat,
? confirm the status of the Boat, the validity of any technical controls, the presence on board of an appropriate security system for the Boat’s navigation category and updated equipment, prior to signing the Rental contract,
? consult the Special Verification Registry, if required,
? inform Barcelona Yachts, via info@barcelona-yachts.com less than 2 hours after the start of the Rental and/or Co-navigation, of any litigation/disagreement related to the Announcement and/or the Boat, in case the payment requires blocking and the corresponding Users decide whether or not to cancel the reservation in agreement with the conditions of article 7,
? pay for any damages/infractions occurred during the duration of the Rental, as soon as the Owner requests it,
? hold the titles and/or qualifications necessary for navigation of the Boat (if the vessel allows own captain),
? only permit the allowed number of people by the ship’s security system to board,
? use the boat responsibly for recreational boating, within the regulations of the maritime and customs legislation, excluding any trade, professional fishing, transport, towing, or other operations,
? return the boat to the Owner with all equipment in the same condition as at the beginning of the rental, appropriately clean and within the required time deadlines.
The Renter comprehends that Barcelona Yachts dissociates itself from any obligation of advice and does not assume any responsibility in this regard.
6.2. Barcelona Yachts ‘s obligations
Barcelona Yachts is committed to doing its best to:
? maintain the functionality of the Website in accordance with article 9 below,
? respond to Users requests regarding the Service as soon as possible,
? pay the amount owed to the Owner in line with the conditions of article 8 by transfer to the Owner’s bank account,
? issue refund when necessary, to the Renter, in line with the conditions of article 7,
? permitting Users to download from their User account, the invoices related to Barcelona Yachts l Commissions.
7. Cancellation of the reservation
All cancellations must be reported to Barcelona Yachts by users via their account or via the cancellation procedure detailed in the reservation confirmation email (cancellation link) or by emailing info@barcelona-yachts.com
A cancellation only becomes effective after Barcelona Yachts sends an email confirming the cancellation.
7.1. Due to a case of Force Majeure
In the event of force majeure in accordance of article 11, any User may request, through Barcelona Yachts, the Owner (i) to postpone the reservation to a later date or (ii) cancel the reservation, after justifying the circumstances in writing to Barcelona Yachts within a maximum period of 12 hours after the Start Date. If the Rental or Co-navigation is for longer than one day, the Owner will not continue to the reimbursement of the Renter’s Price, which the Renter accepts.
No responsibility is assumed by Barcelona Yachts in this regard.
7.2. Due to the Owner
The Owner may not request the cancellation of the Rental and/or Co-navigation which has been processed, except in case of force majeure. If for serious personal reasons allowed by Barcelona Yachts, the Owner cancels a booking, Barcelona Yachts will endeavour to offer the Renter an alternative equivalent Boat for the same time frame. If no alternative is found, articles 7.2.1 and 7.2.2 shall apply. Barcelona Yachts reserves the right to delete the Owner’s User account in accordance with the conditions of article 13 after two abusive or unjustified cancellations. The Barcelona Yachts Commission will then be invoiced to the Owner. The amount due in this instance will be automatically charged and with full rights by Barcelona Yachts on the next transaction made by the Owner through the Website and the Service. However, if the cancellation of the booking by the Owner is because of the Renter’s inability to prove titles or qualifications mentioned in his aquatic CV, this cancellation will be considered justified. The Renter may not demand reimbursement of the amount of the Renter’s Price from the Owner and the Owner shall receive the Owner’s Price after deduction of the Barcelona Yachts Commission.
7.2.1. Due to the Individual Owner
If an alternative solution cannot be supplied, or if the Owner’s request for cancellation of the reservation is because of the Renter’s inadequate level of navigation, determined under actual conditions by the Owner on the Start Date (except in case Renter is unable to prove his titles or qualifications), this cancellation will be considered justified. The Renter is to receive from the Owner the full repayment of the Renter’s Price after deduction of the Barcelona Yachts Commission within fifteen days by bank transfer. The Private Owner will not receive the Owner’s Price after deduction of the Barcelona Yachts Commission.
7.2.2. Due to the Professional Owner
If an alternative solution cannot be supplied, or if the Owner’s request for cancellation of the reservation is because of the Renter’s inadequate level of navigation, determined under actual conditions by the Owner on the Start Date (except in case Renter is unable to prove his titles or qualifications), this cancellation will be considered justified. Renter accepts and agrees that he/she may only request repayment of the Renter’s Price (after deduction of the Barcelona Yachts Commission) directly from the Professional Owner, without holding Barcelona Yachts liable. In this case, the Professional Owner must reimburse Renter for the Renter’s Price.
7.3. Due to Renter
The Renter can cancel the reservation in accordance with the circumstances established by Owner and indicated in the Listing among the options on this link: https://barcelona-yachts.com/cancellation-policy/ or those agreed conjointly between the parties, through a signed contract or any written document, which shall prevail, excluding without exception, any condition on Barcelona Yachts, Barcelona Yachts’ Commission, or its Service Fee. Owner must repay the Renter, the Renter’s Price based on the correct cancellation arrangement, after deduction of the Barcelona Yachts Commission within a maximum of fifteen days. With a rental with a Professional Owner, his cancellation terms apply, which must be specified in the Boat Listing.
7.3.1. If the Boat does not correspond to the Listing
If the Boat does not correlate to the Listing and if the Listing has been published by a Private Owner, the Renter will contact Barcelona Yachts prior to the Rental by giving all possible supporting documents. The Renter must decide whether to cancel the Rental and/or Co-navigating. If they decide to go ahead with the Rental and/or Co-navigating, he/she will not be able to request a refund of the Renter’s Price for any reason for this reservation. If it is verified that the Boat does not correlate to the Listing and the Renter chooses to cancel the Rental and/or Co-navigating, the Private Owner agrees, on a commercial basis, without the User involving Barcelona Yachts’ in any way, to fully reimburse the Renter’s Price to the Renter, in full via bank transfer within fifteen days after the cancellation. If the Listing has been published by a Professional Owner, the Renter agrees that he/she may only request the reimbursement of the Renter’s Price (after deduction of the Barcelona Yachts Commission) directly to the Professional Owner, as Barcelona Yachts is not liable in this respect.
7.3.2. If there is a breakdown during the Rental and/or Co-navigating
If the Rental and/or Co-navigating contract has been determined with a Private Owner and the Boat suffers a breakdown during the Charter and/or Co-navigating which leaves the Boat unable to be used in accordance with its main purpose. In case a breakdown hinders the enjoyment of the Boat for more than 23 hours, the Renter may cancel the contract. No extra damages and interests will be considered. If there is a breakdown during the Charter and/or Co-navigating of a one-day charter, this period is fixed at 2 hours and The Renter must decide whether to cancel the Rental and/or Co-navigating. If they decide to maintain the Rental and/or Co-navigating, he/she will be unable to ask the Owner, and much less Barcelona Yachts, in any case, for a refund of the Renter’s Price, for any reason for this reservation. If you decide to cancel the Rental and/or the Co-navigation the following applies:
? before payment of the Owner’s Price (after deduction of the Barcelona Yachts Commission) to the Owner, the Owner agrees, on a commercial basis, and without the User the ability to hold Barcelona Yachts liable in any way whatsoever, to refund the Renter’s Price in full to the Renter by bank transfer, pro rata for the length of the booking not made by the latter, within fifteen days post cancellation,
? after payment of the Owner’s Price (after deduction of the Barcelona Yachts Commission) to the Owner, the Owner will reimburse the Renter’s Price to the Renter by bank transfer within fifteendays post cancellation.
If the Listing has been published by a Professional Owner, Renter understands and accepts that he/she may only request a refund of the Renter’s Price (after deduction of the Barcelona Yachts Commission) straight to the Professional Owner, never holding Barcelona Yachts liable in this respect.
7.4. Due to Barcelona Yachts
In unfortunate circumstances, Barcelona Yachts may have to cancel a reservation (end of association with an Owner, non-compliance with the responsibilities of the Users, etc.).
Barcelona Yachts will always persevere, without any commercial commitment, to offer a similar or equivalent substitute to the Renter. If this is unachievable, Renter will receive a full refund of the cost if the cancellation takes place before payment of the Owner’s Price to the Owner, as per 7.3, without holding Barcelona Yachts liable in this respect.
8. Terms of payment of the Rental or Co-navigation
The payment of the Renter’s Price by the Renter is taken, in advance, by credit card on the Website through the Stripe payment function when the Owner accepts the Reservation Request for each individual reservation. In certain circumstances, and subject to direct agreement from Barcelona Yachts’, the User may pay by bank transfer. Payment of the Renter’s Price by the Renter is completed in a single transaction. In certain cases, and subject to specific conditions of the Owner, the Renter may pay his reservation in two installments. Regardless of the method of payment, the User must be clear that he/she does not pay Barcelona Yachts, as Barcelona Yachts only manages, where applicable, the collection in favor of the Owner. If there is a cancellation due to the omission in the payment of the remaining balance, the Renter will not receive a refund amount of the initial payment already made regardless of the cancellation policies stipulated by the Private Owner in the Listing.
Barcelona Yachts will endeavor to transfer the payment to the Owner’s account of the Owner’s Price from which (i) the Barcelona Yachts Commission is deducted within 24 hours after Start Date of the Rental, unless Barcelona Yachts receives a claim before 2 p.m. on the Start Date. Any delay when receiving payment is subject to the bank and geographical area. If the charter is with a Professional Owner, Barcelona Yachts will adhere to the payment conditions set by the Professional Owner. The Renter therefore accepts that if they book with a Professional Owner, he/she must directly contact the Professional Owner to request a refund for any reason whatsoever.
Barcelona Yachts will invoice the Owner for the amount of the Barcelona Yachts Commission, which can be downloaded from his User account. The Renter may request an invoice directly from the Professional Owner, when a Rental is made with a Professional Owner.
9. Availability of the Service and the Website
Barcelona Yachts aims to make the Service and the Website available 24 hours a day, 7 days a week without interruption, except if changes or updates are necessary. The user must acknowledge that the Website and the Service are exposed, like any computer application, to failures, irregularities, errors and interruptions that may be caused by connection problems. Therefore, Barcelona Yachts does not guarantee the User that the Site and the Service will always be available. The User cannot ever hold Barcelona Yachts responsible for such problems, irregularities, errors or interruptions, even if they have caused him/her any damage.
10. Liability
10.1. Limitation of liability
Barcelona Yachts reminds that it is not a party within the reservation, rental or Co-navigating contracts determined between Users. During a claim, the User may not hold Barcelona Yachts liable in any case whatsoever and they cannot be held responsible for the management of delays and disputes between Users. Subject to the exclusions of liability stated in these General Terms and Conditions of Service, it is agreed that in any occurrence and regardless of the origin, the liability that Barcelona Yachts may incur in any way in connection with the Website or the Service cannot, except due to gross negligence, surpass the total amount invoiced by Barcelona Yachts to the Owner for the Rental or Co-navigation from which the occurrence connected to Barcelona Yachts’ liability arises. Barcelona Yachts under no circumstances will be liable for compensation for indirect or extra-contractual damages, even if Barcelona Yachts is aware of such possible damages. The User agrees that the Service’s tariff conditions are based on these limitations and exclusions, without which Barcelona Yachts would not have entered any contract.
10.2. Exclusions of liability
In addition to the cases provided in articles 5.1 and 9, Barcelona Yachts is not liable in the subsequent situations:
? inappropriate or unlawful use of the Site and/or the Service by the User,
? the Website and/or the Service is unavailable in accordance with article 9,
? fraudulent interference of a third party on the Site and/or the Service,
? not upholding the condition of the Boat with respect to the Listing,
? non-compliance with administrative and sanitary procedures by the User.
Furthermore, Barcelona Yachts is not responsible for ensuring the Users comply with their social and fiscal responsibilities according to their status and does not advise the Users in this respect. Barcelona Yachts is not responsible for the refund of the money that the User may be entitled to, nor for the liabilities that may have occurred from the reservation, or from the rental, as Barcelona Yachts is a mere intermediary, in any case.
10.3. Hypertext links
The Website may have links to additional websites and internet pages which Barcelona Yachts has no control over. This means that Barcelona Yachts is not responsible for the maintenance of any external websites and pages and refuses any responsibility for the Content, advertising, products, Services and any other element on the website or pages. Barcelona Yachts shall also not be liable for any confirmed or alleged damage or loss in relation to or in connection with the access, use or reliance on the content, goods or services available on the external Websites or pages. Barcelona Yachts is only responsible for the hypertext links it generates. Any problems with an external link must be highlighted to the administrator or webmaster of the relevant website.
11. Force Majeure
The parties agree that the following are circumstance of force majeure:
? weather forecasts that prevent sailings at sea,
? natural disasters, fires, storms, floods, wars and terrorist attacks, strikes within the company, disabling and serious illness, electrical surges and shocks on the Boat, breakdowns in refrigeration systems and computer equipment, blockages and slowdowns in electronic communication networks
? any unanticipated event beyond the control of Barcelona Yachts and the Users.
12. Confidentiality
Barcelona Yachts acts to secure all confidential information collected when creating the User account.
Barcelona Yachts will only use the data obtained for the purpose it was intended for from the User for those of the Service, and will not resell this data to third parties for commercial purposes, except if required by law or by any administrative or judicial authority.
13. Suspension / Termination
The User accepts that Barcelona Yachts has authority to suspend access to the Service or to terminate its contractual dealings with the User, or to delete any User account, with an email of notice and without further formalities for any reason, which include:
? the improper or unlawful use of the Service, including payment issues (including suspicions of money laundering),
? non-compliance with the General Terms and Conditions of Service,
? the cancellation of more than two reservations, except because of force majeure, in accordance with the stipulations of article 7,
? any particularly negative evaluations by other Users or because of non-conformity between the Boat and the Listing,
? the termination of the operation of the Site and/or the Service by Barcelona Yachts.
The User therefore will not create a new User account. The User can delete his User account at any time by emailing info@Barcelona-Yachts.com. However, he/she will maintain and ensure the management of ongoing or agreed reservations.
14. Personal Data
As detailed in article 5.2, the Click&Boat group, to which Barcelona Yachts is part of, may transfer personal data to one of its subsidiaries for the following reasons: to provide a service that links Owners and Renters to facilitate Co-navigating or Boat Rental, to manage payments between Users, to detect or inspect fraudulent or illicit activities, to ensure compliance with the legislation applicable, which the Holder accepts. We notify you that the personal data of our customers will be processed in line with the main principles of transparency, limited purpose, minimization of information, accuracy, completeness and confidentiality, as well as respecting all obligations and guarantees included in the regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of data. The data controller is Barcelona Yachts Smart Sailing S.L., NIF B66034539, domiciled at C/Josep Pla 2, Edificio B3, Planta 6, 08019, Barcelona, Spain. In accordance with the Data Protection Act No. 78-16 of January 6, 1978, its implementing orders in accordance with the General Data Protection Regulation (GDPR), the user has a right of access, modification, rectification and deletion of data concerning him/her, by contacting
info@Barcelona-Yachts.com.
Depending on the decision made when creating the User account, the User will be able to receive commercial offers from Barcelona Yachts. If the User does not wish to do so, he/she may at any time opt out by emailing info@Barcelona-Yachts.com.
Barcelona Yachts holds certain personal data in line with the law in force and the information detailed in its Privacy Policy. You agree to this processing of personal data and acknowledge them by using the website or mobile application and your registration as a User.
15. Intellectual Property and Copyright
15.1 Intellectual Property
“Barcelona Yachts” and the logo on the Website are registered trademarks owned entirely by Barcelona Yachts. No license is granted to the User.
Barcelona Yachts is the owner of the intellectual property rights linked with the Service and the website, and in particular the software elements, the ergonomics, the layout, the graphic elements, the logo, and the design of the Website. It is prohibited for the User to disregard Barcelona Yachts’s intellectual property rights in any way at all. The Users are solely responsible for the Contents and release Barcelona Yachts from any liability in case of claims related to the Contents for violation of the rights of third parties and of the legislation in force and will indemnify Barcelona Yachts for any damage it may cause and to pay it for any damages and interests, expenses, especially consultancy, which may occur because of this. Each user grants free of charge a non-exclusive right to reproduce, represent, modify, translate, adapt and sublicense the Content for the length of the copyright and throughout the world, on any other digital, analog or paper support, for commercial or non-commercial purposes.
15.2 Intellectual property and copyrights of Users and third parties
Barcelona Yachts adheres to intellectual property rights and requests its Users to do the same. The User agrees to respect the copyrights of other Users, as well as third parties, as stated in the Intellectual Property Code.
Barcelona Yachts reserves the right to restrict or delete accounts of Users who violate, or are repeatedly accused of violating, the copyrights or other intellectual property rights of third parties. Barcelona Yachts will investigate all claims of copyright infringement committed by a User upon complaint by the User, who must send a notice of alleged copyright infringement to info@barcelona-yachts.com.
16. Autonomy of clauses and severability
If one or more stipulations of the General Terms and Conditions of the Service are declared null and void by application of a law, regulation or following a conclusion of a competent jurisdiction, the remaining provisions shall retain their full force and effect, to the extent permitted by such conclusion. Furthermore the failure of either party to rely on a breach by the other party of any stipulation of the General Terms and Conditions of Service shall not be construed as a waiver by that party of its right to depend on such breach in the future.
17. Cookies
When using the Site, a cookie may be automatically installed and temporarily stored in the memory or on the User’s hard disk to enable navigation on the Site. Cookies are used to store information linked to the use of the Site (such as the pages visited, the date and time of access, etc.). Users can refuse the use of cookies by configuring their browser. This will involve the deletion of all cookies used by the browser, including those used by other websites, which may result in changing or loss of some settings or information. The removal of cookies may modify or incumber the User’s navigation on the Website.
18. Publication – Web Hosting
Name of web host: Interdominios, CLOUD BUILDERS S.A., C/ Ana Mariscal, 5, 28223 Pozuelo de Alarcón (Madrid) https://www.interdominios.com/
Publications Imagenia image consultant, C. Telégrafo, 2, puerta 11, 38109 Santa Cruz de Tenerife, www.imagenia.eu
19. Governing Law
These General Terms of Service are governed exclusively by German law.
Barcelona Yachts does not and is not obliged to use any other dispute resolution body to settle disputes with consumers.
Barcelona Yachts will not consider any claim without a signed contract between Renter and Owner. Claims must be sent to Barcelona Yachts within 24 hours after procuring the Boat at info@barcelona-yachts.com.
Barcelona Yachts is not a party to the contract binding Renter and Owner, its responsibility is limited to aiding both parties to achieve a friendly agreement.
