GENERAL CONTRACTUAL TERMS AND CONDITIONS
These General Contractual Terms and Conditions, together with the General Terms and Conditions of Use, and where applicable, the Specific Terms and Conditions, expressly regulate any relationship established between Top Sailing Charter, S.L., (hereinafter, "TOP SAILING CHARTER") and any users who sign up for the provision of the services or products offered on this Website (hereinafter, “CUSTOMERS” or “USERS”).
These General Conditions have been drawn up in accordance with the provisions of Law 34/2002 on Information Society and Electronic Commerce Services, Law 7/1999 on General Contractual Terms and Conditions, Royal Decree 1906/1999, which regulates Telephone or Electronic Contracts with general conditions that expand on section 5.3 of Law 7/1998, Legislative Royal Decree 1/2007 of 16 November, which approves the revised text of the General Consumer and User Protection Act and other complementary laws, Law 7/1996 on the Regulation of the Retail Trade, Law/Royal Decree 14/1999, which regulates electronic signatures, and any other legal provisions that may apply.
1. General Characteristics of the Service: Agency Contract
1.1. TOP SAILING CHARTER is a company which acts as intermediary between, on the one hand, boat charter companies which offer their services on this Website, and on the other hand, potential CUSTOMERS, so as to enable the latter to charter the boats offered by the former.
1.2. This purpose of this Website is to inform USERS regarding the products and services offered by the charter companies and marketed by TOP SAILING CHARTER in its role as agent. Once the booking has been finalised, all arrangements will be made by email, by telephone or in person at TOP SAILING CHARTER’S offices, which, for all purposes, will be considered as the place from which it provides its services as agent.
1.3. The information provided in the Offers, Last Minute and One Way sections is purely for informative purposes and in no way guarantees that the products or services offered are available as such in real time. USERS may check their availability by contacting TOP SAILING CHARTER by telephone or via the email address given on the Website.
2.1. The prices and VAT for each of the services are those that are given on the Website, and will remain valid for as long as they are on display to USERS.
3. Payment Method
3.1. USERS may make payments either by bank transfer to the account that will be shown during the payment process, or in accordance with the payment methods which are displayed on the screen at all times.
4.1. When CUSTOMERS sign the relevant documents and board the boat, they will make good the payment of a deposit as a guarantee in the event of breakdowns, breakages, damages, as well as to guarantee the good working order, maintenance and cleanliness of the boat and to cover late returns.
4.2. The deposit may be paid by credit card at the port of departure.
4.3. The deposit will be returned once the boat has been checked to verify that it is in perfect condition.
4.4. In the event the boat is a schooner, no deposit will be required.
5.1. Prior to taking charge of the boat, the CUSTOMER has the right to inspect the boat with an HQ representative, in order to check that the boat and its equipment are in perfect working order. The act of taking charge of the boat and setting sail implies that the CUSTOMER has accepted that it is in perfect working order.
5.2. On embarkation, the boat’s water and fuel tanks and motor oil container will be full, and the battery will be fully charged, and the boat will be returned in the same conditions. The boat’s equipment inventory must be signed.
5.3. The CUSTOMER chartering the boat will take charge of it at the port mentioned in the Specific Terms and Conditions provided to the CUSTOMER.
5.4. Should the boat be handed over late for reasons attributable to the CUSTOMER, this will not mean that the return deadline will be set for a later time.
5.5. If, due to weather conditions, embarkation is delayed, the agreed price will not be reduced nor will there be an extension to the contract.
6. Boat of a Similar Category
Boats are chartered according to their category. HQ may provide the CUSTOMER with a boat of a similar category to the one chartered if, due to prior accidents or faults, the boat chartered is not in a perfectly seaworthy condition.
7. Boat Return
7.1. The late return of the boat will incur the payment of double the rate for each day’s delay, as well any penalties that TOP SAILING CHARTER may need to pay for the delay in handing the boat over to the next CUSTOMER. Weather conditions will not be accepted as justification for a delay in returning the boat.
7.2. The boat will be returned at the same port of embarkation, within the stipulated deadline, unless stated otherwise in the Specific Terms and Conditions.
7.3. When the boat is returned, it will be inspected in order to check the state of the equipment, and to ensure there are no faults or breakages, that the diesel and water tanks are full, and to check working order, maintenance and cleanliness. The cost of restoring the boat and its equipment to the condition they were in upon embarkation will be deducted from the deposit that was paid.
8. Right to Cancel
8.1. Service cancellation charges are not set by TOP SAILING CHARTER, but rather, by the boat charter companies, for each individual case. In this regard, the CUSTOMER should ask the company, from which it agrees to charter the boat, what its specific cancellation conditions are, thus releasing TOP SAILING CHARTER from any liability thereof – the latter’s role solely being to state what the aforementioned conditions are, should it be requested to do so by a reliable form of communication.
8.2. The following penalty charges tend to be imposed by the boat charter companies and are reproduced here by way of a guide, but are by no means binding:
8.2.1. Cancellations more than 60 days prior to the commencement of the service: a charge of between 30 and 50% of the set price.
8.2.2. Cancellations between 60 and 30 days prior to the commencement of the service: a 50% charge.
8.2.3. Cancellations between 30 and 15 days prior to the commencement of the service: a 75-100% charge.
8.2.4. Cancellations between 14 and one day prior to the commencement of the service: a 100% charge.
8.3. Should a CUSTOMER wish to cancel a boat charter which has already been agreed, TOP SAILING CHARTER offers its services as agent to process the cancellation in their name with the relevant charter company, for a price of € 200 to cover administrative costs.
8.4. The cancellations which are to be handled by TOP SAILING CHARTER will be dealt with by CUSTOMER Services via the following email address: firstname.lastname@example.org, by calling 902030309, or in person at TOP SAILING CHARTER’s offices in Torroella de Montgrí, Calle Francesc Macià, 11, 17257 – Girona, which, for all purposes, will be considered as the place from which it provides its services as agent.
9. Consequences of Non-compliance with Agreed Payment Deadlines
9.1. The CUSTOMER expressly accepts that non-compliance with payment deadlines which they have undertaken to meet will result in the termination of the Charter Agreement made with the charter companies, but not that of the Agency Contract, entered into with TOP SAILING CHARTER, which will have reached completion, as a result of the agency role, which is its purpose, having been fulfilled.
9.2. In view of the provisions of the previous paragraph, and in its role as spokesperson for the charter company, TOP SAILING CHARTER will first, inform the CUSTOMER in writing of the termination of the Charter Agreement due to non-payment, and second, withhold the sum it is owed for the agency services which it has effectively provided, from the amounts already paid by the CUSTOMER.
9.3. In accordance with the above, the CUSTOMER expressly accepts that they must claim the refund of the amounts they have paid to the charter company which they made an agreement with, which were retained for this purpose, thus releasing TOP SAILING CHARTER from any responsibility in that regard.
10. Conditions of Use
10.1. THE CUSTOMER undertakes to use the boat in accordance with current legislation, and assumes sole responsibility for any offences that they may commit while using the boat.
10.2. In accordance with the above, the CUSTOMER expressly acknowledges that undue care in the use of the boat, or the breach of the conditions of use set out in these General Contractual Terms and Conditions, may lead to the obligation to pay any damages caused, and will be considered sufficient grounds for both the Agency Contract and the Charter Agreement to be automatically terminated, without the right to the refund of any amount paid.
10.3. The CUSTOMER will provide all the documents and certificates which HQ may require in order to provide the service. If, in the opinion of HQ, the CUSTOMER is not sufficiently competent to act as skipper, the boat will need to embark with a skipper hired by HQ, at the CUSTOMER’S expense and in accordance with current rates.
10.4. By means of this document, TOP SAILING CHARTER hereby informs the CUSTOMER of the need to abide by the law in all countries visited, in particular, in respect of regulations concerning the use of national and international waters, as well as with regard to any licences, permits and/or certificates, whether personal or material, required to sail boats and ships.
10.5. Likewise, the CUSTOMER hereby states that they are aware of and respect the applicable legislation in the country or countries where they are bound and undertakes expressly to comply with and abide by their regulations. In this regard, the CUSTOMER hereby states that they, or a member of their crew, possess all the certificates, licences, permits and/or personal documentation required to sail the boat chartered, and expressly releases TOP SAILING CHARTER from any liability in that regard.
10.6. The CUSTOMER expressly releases TOP SAILING CHARTER from any liability arising from any personal breach – either on the part of the CUSTOMER or a member of their crew – of the applicable legislation or regulations in the country or countries where they are bound, which could result in the legal prohibition to use and/or sail the boat chartered. In particular, the CUSTOMER hereby releases TOP SAILING CHARTER from any liability to pay any cost or from any inconvenience which this circumstance may lead to in the country being visited.
10.7. The sailing area allowed will be that which is stipulated in the Specific Conditions, provided the permits allow it. CUSTOMERS are not allowed to sail in areas other than that stipulated without written authorisation from HQ. CUSTOMERS are not allowed to hand over control of the boat to anybody other than the person specified in the Charter Agreement.
10.8. The CUSTOMER will utilise the boat for their own private recreational use with the persons mentioned in the Specific Conditions, and is forbidden from using it for business or competition purposes or from subletting it under any circumstance.
10.9. Having a number of persons on board which is greater than that authorised for the boat is forbidden.
10.10. Expenses related to food, refuelling, water or mooring or other services not requested when signing up for the service, such as a skipper, cook, steward, assistant, automatic pilot, spinnaker or blister, are not included. The prices for on-board consumption are set for each boat (schooner), and TOP SAILING CHARTER has no responsibility or say in this matter. CUSTOMERS are advised of the need to request to see the price list for their information before setting sail or consuming any products, as well to ascertain the costs arising from moorings, anchorages, port taxes, local taxes and National Park entrance fees. TOP SAILING CHARTER will not be held responsible for any incidents which may occur in this regard.
10.11. The CUSTOMER must inform TOP SAILING CHARTER immediately of any accident, damage or loss which the boat is or may be subject to.
10.12. The charter company and TOP SAILING CHARTER are hereby released from any liability with regard to any damages which the lessee may cause to third parties or things as a result of their use of the chartered boat.
10.13. The sailing route is determined by the CUSTOMER together with the skipper or the HQ manager. The determined route is subject to change for justifiable reasons with regard to the weather. Under such circumstances, and for these reasons, advance notice or prior consent from the CUSTOMER will not be required, and the latter will have no grounds for complaint in respect of the change of route.
10.14. When making payment, the CUSTOMER accepts each and every one of these Terms and Conditions of Use, without reservation, and they expressly accept that any breach thereof may result in the obligation to pay any damages caused, as well as the automatic termination of the Agency Contract and the Charter Agreement, by TOP SAILING CHARTER and the charter company, without the right to the refund of any amount paid.
11.1 Any complaints will may be made during the charter or when returning the boat, in writing, using the relevant document, which CUSTOMERS may obtain at HQ. The complaint form will be signed by the CUSTOMER and by the HQ manager and a copy will be sent, by reliable means, requiring a signature, to TOP SAILING CHARTER (Torroella de Montgrí, Calle Francesc Macià, 11, 17257 - Girona), within a maximum period of four days from the end of the trip.
11.2. When chartering a schooner, CUSTOMERS are advised that, given the particular characteristics of the boat, no damages caused by leaky roofs may be claimed under any circumstances.
12. Applicable Jurisdiction and Law
12.1. These Terms and Conditions will be subject to the provisions which apply to them in Spanish Law.
12.2. In accordance with the provisions of clauses 1 and 8, and in view of the fact that TOP SAILING CHARTER provides the agency service which is the subject of these Terms and Conditions in Torroella de Montgrí (Girona), Calle Francesc Macià no. 11, the CUSTOMER expressly accepts that, in order to resolve any dispute concerning the interpretation of these Terms and Conditions and the Agency Contract, which they may sign along with TOP SAILING CHARTER, the Courts and Tribunals of La Bisbal d’Empordà (Spain) will have jurisdiction.