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 Defence 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. TOP SAILING CHARTER is an agency for boat rental companies and acts as an intermediary between rental companies and the lessee or CUSTOMER.
1.2. The objective of the present Website is to inform USERS of the goods and services sold by TOP SAILING CHARTER. All posterior proceedings and the final contract will be carried out via email, telephone or in person at the office of TOP SAILING CHARTER.
1.3. The information presented in Offers, Last Minute and One Way is solely informative and in no way imply the availability of goods and services offered. The availability of thereof may be verified by USERS contacting TOP SAILING CHARTER by phone or email listed on the website.
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.
4. Security Deposit
4.1. At the time the documents are signed and the vessel is delivered, the CUSTOMER 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 vessel 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 vessel is checked if it is considered to be in good conditions.
4.4. If the vessel is a gulet, a security deposit will not be necessary.
5.1. Prior to delivery, the CUSTOMER has the right to inspect the vessel with a representative from the base in order to check to see if the vessel and its equipment are in perfect operating conditions. Once the vessel is delivered and the trip has started, the CUSTOMER accepts that the vessel is in perfect operating conditions.
5.2. The vessel is delivered to the CUSTOMER 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 vessel will be delivered to the lessee or CUSTOMER in the port indicated in the particular conditions provided.
5.4. Any delay in delivering the vessel due to causes attributable to the CUSTOMER 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 Vessel
The vessel is chartered by category. The base may provide the CUSTOMER with a vessel similar to the one in the contract if, due to a prior accident or breakdown, the vessel in the contract is not in conditions for sailing.
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 TOP SAILING CHARTER may have to fulfil as a result of a delay in a posterior delivery of the vessel. Weather conditions do not justify a late return.
7.2. The vessel 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 vessel 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 vessel 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. The service cancellation fees are the following:
a. Cancelations 60 days before start of service:
penalty between 30% and 50%
b. Cancellations between 60 and 30 days before the start of service: penalty 50%
c. Cancellations between 30 and 15 days before the start of service: penalty 75%-100%
d. Cancellations between 14 days and 1 day before the start of service: penalty 100%
8.2. To proceed with cancelation, TOP SAILING CHARTER will charge between €150-200 for administrative fees.
8.3. Cancellations must be processed with CUSTOMER Service via email firstname.lastname@example.org, telephone 902030309 or in person at the office of TOP SAILING CHARTER in Torroella de Montgrí, Calle Francesc Macià, 11, 17257 - Girona.
9. Right of Termination
9.1. Non-compliance with payment deadlines will terminate the contract. TOP SAILING CHARTER must notify the CUSTOMER of said termination in writing and the amounts paid will remain in the custody of TOP SAILING CHARTER.
10. Norms of Use
10.1. The CUSTOMER shall use the vessel in accordance with legislation in vigour and take sole responsibility for possible infringements that may occur during the use of the vessel.
10.2. The CUSTOMER must provide the documents and licences the base requires to render the service. If the base considers the CUSTOMER 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 CUSTOMER in accordance with the rates in vigour.
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 authorisation from the base.
Control of the vessel may not be given to anyone other than the person designated in the contract.
10.4. The CUSTOMER must use the vessel 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 vessel.
10.5. It is prohibited to embark a number of people onto the vessel 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, Spinaker or Blister.
The prices of onboard consumption are set by each vessel (gulet) and TOP SAILING CHARTER has no responsibility or competence in this aspect. The CUSTOMER 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. TOP SAILING CHARTER is not responsible for incidents that may arise to that respect.
10.7. The CUSTOMER must inform TOP SAILING CHARTER immediately of any accidents or damages or losses the vessel has suffered or may suffer.
10.8. The lessor is exonerated from responsibility of damages the lessee may cause to third persons or objects as a result of using the rental vessel.
10.9. The CUSTOMER 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 CUSTOMER does not need to give prior notification or consent and may not file complaints for the change in trajectory.
11.1 Complaints must be filed during the charter or at the time the vessel is delivered in writing with the document the base provides for said purpose. The complaint must be signed by the CUSTOMER and the base manager and a copy must be sent with a certified receipt to TOP SAILING CHARTER (Torroella de Montgrí, Calle Francesc Macià, 11, 17257 - Girona) within a maximum of 4 days after the end of the trip.
11.2. In the event of a gulet charter, the CUSTOMER has been forewarned that, given the special characteristics of this vessel, 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 La Bisbal (Spain).
The present contract is subject to Spanish Law.
Furthermore, as a member of CONFIANZA ONLINE and in accordance with the terms of their Ethical Code, in the event of controversies related to contract and online advertising, data protection, protection of minors and accessibility, the user may consult the extrajudicial system for dispute resolution, CONFIANZA ONLINE (www.confianzaonline.es).
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In accordance with Organic Law 15/1999 of 13 December 1999 on the Protection of Personal Data, we inform you that your data will be incorporated into a file which is under the responsibility of TOP SAILING CHARTER, SL; the company will handle the data in a confidential manner and for the purpose of providing information on the products requested.
You may exercise your rights of access, rectification, erasure, and objection, in conformance with the legislation in force, by contacting us at Avda. Francesc Macià, 11, 17257 Torroella de Montgrí. Girona (Spain). E-mail: firstname.lastname@example.org.