CONDITIONS OF SERVICE AND CONTRACTING
BESAILOR (SAILOR 2 SAILOR SL) (here in after Besailor), with CIF B66889981, registered in the Mercantile Register of Barcelona and with address in C/ Tatuatge, 6 08193 Bellaterra – Barcelona, Spain, applies these conditions of service and contracting to his clients. BESAILOR is dedicated to the management of reservations of boat rentals (not to the provision of the leasing service itself), and manages the collection of such leases or boat rentals.
The regulation of the leasing of boats is made between the customer and the final service provider (owner, owner or operator of the vessel), by means of the lease with the final provider of the service, lease in which BESAILOR does not intervene, Nor is it part.
It is expressly stated that Besailor does not offer any vessel or participate in any way in the contracts concluded between the users of the web (hereinafter Customers) and the owners of the boats.
Besailor is committed to the management of services in a simple and effective way. The information shown is based on the information provided by the owners of the boats or managers of the boats for rent. Although we try to make the service as accurate as possible, we can not verify or guarantee that all the information provided is accurate, complete or updated. It is for this reason that Besailor is not responsible in any way for the real state of the boats that are rented by the users.
Besailor guarantees that in order to advertise a boat (or more) the CIF number is required and that the boat (s) has the sixth list and that it complies with the current regulations for boat rental
Through the online platform, Besailor transmits the requests of rent of the clients of the online platform to the owners or managers of the boats for rent.
It is the intention and vocation of BESAILOR that the customer is fully satisfied. Any incidences, please, please inform us without delay to email@example.com. In addition any communication or document must send or copy to that email address.
1. PURPOSE OF THE SERVICE AND RENTAL CONTRACT
BESAILOR provides intermediation services (through the management of reservations) in the rental of pleasure boats. Through besailor.net and its language versions, the client reserves the lease, and then, if necessary, hire a boat with the final provider of the service, under the conditions stipulated with the same, in return Of the agreed price. BESAILOR additionally engages and has contracted by the final provider of the service, lease collection management.
All boats that appear on besailor.net are offered by BESAILOR as mediator, and their responsibility is limited to contacting the customer with the final provider of the service, which is the sole and direct responsible for the provision of such service. BESAILOR is not responsible for the provision of the service and, therefore, does not guarantee or respond to the non-fulfillment or non-exact fulfillment of the service contracted by the final provider of the service, which is with whom the client hires. However, BESAILOR informs that it expressly requests all final service providers to provide a good service, in full compliance with industry standards and the lease. The breach of this obligation by the final service providers, implies that BESAILOR may decide not to have the same in besailor.net. And that can take legal action in case of non-compliance or negligence.
The final provider of the service additionally and expressly orders BESAILOR to collect customer service for the contracted leasing services, as well as blocking the reservation that corresponds. The contracting of other services or extras, as well as the bond to be rendered, will also be agreed between the client and the final provider of the service, but in this case charged directly by the latter.
The customer expressly accepts this limitation of responsibility of BESAILOR and that, as a result, BESAILOR is only responsible for the management and formalization of the reservation of the selected vessel, and the collection and lease collection management, according to the conditions and parameters Established and announced characteristics. The client knows that the final provider of the service may not be able to accept the reservation, in which case BESAILOR will offer the client alternative boats or the full refund of the amount, if applicable, blocked and / or paid. This document specifies the amount to be returned according to the date that the cancellation of the reserved service is notified.
Although we try to make the service as accurate as possible to what is published on besailor.net, we can not verify or guarantee that all information is accurate, complete or correct. The final provider of the boat rental service is responsible for the information (prices, configuration, features, extras, etc.) included in besailor.net with respect to their boats. BESAILOR does not verify this information and, as a consequence, it is the exclusive responsibility of the final provider of the service that this information is truthful and correct. The client accepts that any claim in this regard will be made directly and exclusively against the final provider of the service. Notwithstanding, we inform you that BESAILOR requires the final providers of the service that the information they provide is truthful and correct; Otherwise, they can be excluded from besailor.net. Any incidences, we recommend that you be informed to firstname.lastname@example.org.
The rental contract will have the duration foreseen in the rental reservation form, notwithstanding that it will be subject to the regulation of the contract to be signed with the final provider of the service. Any change in its duration must be informed to BESAILOR for its management and control.
The owners or managers of the boats must transfer the boat to the customers on the agreed date. For this, owners or managers and customers must agree.
As owners or managers of the boats accept and know that they are responsible for their own acts and omissions and are also responsible for the acts and omissions of anyone who uses your boat at your request or at your request, including the customer
2. TERM OF THE AGREEMENT
The conditions of the service and of contracting enter into force at the moment that the client generates the initial reservation form.
3. RESERVE PROCESS AND RECRUITMENT
The reservation process with BESAILOR and then contracting with the final provider of the service, is as follows:
• Log on to www.besailor.net/.
• Select the destination region.
• Choose the type of boat.
• Read the conditions of each boat.
• Specify dates and complete mandatory data.
• Confirm the reservation data. Clicking the booking button.
• Obtain the confirmation of BESAILOR as the final provider of the service has accepted the reservation, and obtain the lease that elaborates and provides the final provider of the service.
• Once the pre-booking payment has been formalized (first payment, which is usually 50% of the reservation) corresponding to the amount of the lease of the boat or the part to be reported (depending on the time remaining for the service Of the service) it will be considered that the boat is blocked or reserved for the client following the conditions specified in the card or in the specific documentation of each reservation that is sent to the customer who made the reservation in BESAILOR.
• The remaining 50% is obligatory to be paid between 45-30 days before departure. In case the required amount is not paid before this period, the owner has the right to cancel the rent without having to return the amount deposited by the customer in the first payment.
• The client will have to send the proof of the transfer and fill in part of the form sent with his personal data so that we can make the receipt or invoice of this payment.
• The corresponding receipt or invoice is made and the owner, manager or owner of the boat with whom the boat is reserved is indicated.
• A document will be sent to the customer confirming all the details of the charter. The customer has to sign it and return it. In case you do not sign it, it will be understood that you are happy with the data sent.
• In order to enjoy the service, the client must make the payment pending (if applicable) on the dates indicated by BESAILOR.
• With the proof of the transfer of the second payment you must send all passenger details (full name, date of birth and ID or passport) and the navigation license if it has been hired without a skipper.
• If BESAILOR does not receive the requested information as the passenger list 2 weeks before the rental begins, we do not guarantee the correct operation of the charter or rental service of the boat.
The client acknowledges that the provision of the service will be exclusively the responsibility of the final provider of the service, according to the contract they sign and that, therefore, the latter is solely responsible for the service.
Once the service is received, BESAILOR recommends to the client the detailed evaluation of the service received, with the purpose of publishing it so that the rest of users can make a contract with complementary information of other users.
Users undertake to provide only true information in their assessments and to comply with legal provisions. Ratings should be objective and should not contain any offensive criticism.
The use of the valuation system is not allowed against its purpose. It is especially forbidden to issue false valuations, to issue valuations about oneself or to induce a third party to issue them or to be influenced in the valuations for circumstances that are not related to the performance or performance of the contract.
BESAILOR does not carry out an exhaustive control on the valuations or opinions. In any case, Besailor reserves the right to adapt, reject or withdraw the ratings and opinions
4. CUSTOMER DEFINITION
Client is any person over eighteen years of age, and with the power to contract and be bound to accept and be bound by the present conditions of service and contracting when generating a booking form.
5. CUSTOMER OBLIGATIONS
The client undertakes to:
• Provide accurate, accurate and up-to-date information on the requested data, both personal and non-confidential.
• Provide BESAILOR with the data requested in order to manage: reservation (by BESAILOR), contracting and provision of the service (by the final provider thereof) and collection of the lease (by BESAILOR).
• Accept that BESAILOR can transmit this personal data to the final provider of the service, so that the latter can carry out the lease, and have the data of the people who will manate your boat or will be passengers of the same. The final provider of the service has the commitment and the obligation to comply with the regulations for the protection of personal data.
• Provide information and qualifications that, if it is the case, are reasonably required.
• Make payments for the amounts corresponding to the contracted services in the terms informed at the time of reservation and / or contracting.
• Make proper use of the services and, where appropriate, have the titles or licenses valid according to current Spanish regulations and appropriate to the use of the selected vessel.
• Pay all services as indicated by BESAILOR (Sailor 2 Sailor sl) with NIF: B66889981. As well as those made during the journey and not expressly included in the offer such as skipper, fuel and water, moorings outside the base port, fees, as well as all other services requested, according to the lease.
• Provide only true information in the valuation of the service received. In any case BESAILOR reserves the right to adapt, reject or withdraw the ratings and opinions.
6. FINAL SERVICE PROVIDER
The final provider of the service may be an owner of one or more vessels, a charter company, a broker, or an agency that has management of the vessels.
BESAILOR offers the final providers of the service the possibility of announcing their boat in the online platform with a description, characteristics, images, prices, according to the information they provide to BESAILOR. With this, BESAILOR can carry out its service of reservations and, as the case may be, management of collection of leases.
7. MEANS OF HIRING AVAILABLE
The client and BESAILOR accept the possibility of formalizing agreements and contracts by any means admitted in law, including contracting through the web or electronic mail, telephone recording, digitized signature or electronic signature, as well as That can be stored, organized or reproduced, by any means available.
8. MEANS OF PAYMENT
The client will make the payment at the time of booking or contracting, in the quantities and at the time indicated in each case (and that will be according to the previous acceptance of the client).
In the event that at the moment of making the reservation the payment of the entire amount is not requested, the client is obliged to make the remaining payment on the indicated dates.
Accepted means of payment are bank transfer, debit or credit card Visa, Visa Electron, Master Card, Diners Club and American Express (the contract will specify all payment methods available at any time, as well as other channels that are In case of transfer, the client can make the payment within 24 hours from the time of the reservation or the stipulated payment date.
9.1 By the client
In case of cancellation of the reservation by the customer, the expenses for the cancellation of the service will be those included in the lease contract with the final provider of the service and, in case of not appearing or not yet signed, Which will be as follows:
• Cancellations before 60 days to the date of departure of the boat: penalty of 50% of the price of the lease.
• Cancellations between 30 and 60 days to the date of departure of the boat: penalty of 75% of the price of the lease.
• Cancellations with less than 30 days to the date of departure of the boat: penalty of 100% of the price of the lease.
To process the cancellation, BESAILOR will charge 250€ for customer management expenses.
Cancellations will be processed by email to email@example.com.
9.2 On the part of the final provider of the service
Notwithstanding those agreed upon in the lease agreement with the final provider of the service, it is reported that the following cases will be grounds for automatic termination of the contract and / or reservation, without compensation or refund of the price paid to the client:
• Failure by the client to pay the installments in due time.
• The recklessness or non-compliance with the rules and legislation in force in the use of the boat, which includes, but is not limited to: boarding more people than authorized, sailing outside the limits authorized for the boat and by its title.
• Do not present the necessary qualification for the government of the vessel, at the time of embarking on contracting where the client has not requested a Master.
• Not demonstrate sufficient competition in the management of the vessel, in contracting where the client has not requested a Master.
10. AGREEMENTS ON THESE RULES
If any of the terms of these service and contracting conditions are declared null and void pursuant to current legislation, or by virtue of a judicial decision of a court or body with sufficient jurisdiction, the remaining terms of these will remain in force.
11. MODIFICATION OF THE WEB SITE AND ITS CONDITIONS OF USE.
The changes in the web or in these conditions of use will be informed to the user and will be considered accepted by the user if it re-enters besailor.net after said communication.
Besailor reserves the right to modify, update, interrupt or delete at any time, without prior notice and without assuming any responsibility for the layout of the website, as long as it is considered reasonable by the users taking into account the interests of Besailor.
Besailor reserves the right to modify the “Terms of Service” with future effect. To do this, it is enough that Besailor communicates the new version of the “Terms and conditions” in the web and in the document that the user receives by email.
12. CLAIMS AND APPLICABLE JURISDICTION
Claims will be made in writing and with a reliable method of receipt.
In order to resolve any dispute over the interpretation or its own jurisdiction, they expressly submit to the jurisdiction and jurisdiction of the marine authorities and, if applicable, the courts and tribunals of Barcelona (Spain). These conditions are subject to Spanish law.