Terms and Conditions

Service Terms

1. General Benefits of OnSail Booking

OnSail Booking offers registered users an online platform through which owners can advertise their leisure boats for chartering. Anyone wanting to charter one of the advertised boats can search the online platform and submit a request.

You can access this website for information about the boats on offer, check their suitability and availability, and make reservation requests.

The persons advertising their boats will be hereafter referred to as the owners, while those looking to charter a boat will be referred to as clients. The term 'user' refers to both owners and clients.

We expressly advise that OnSail Booking is not the owner of any of the boats advertised nor does it have any involvement in the contracts entered into between users (owner and client).

OnSail Booking commits to offer a straightforward and efficient management service. The information shown is based on information provided by users and databases. Although we endeavor to provide accurate and timely information, we cannot be held responsible for any inaccuracies, errors, or omissions. For this reason, OnSail Booking accepts no responsibility for the actual condition of the boats reserved by the clients.

Through the online platform, OnSail Booking submits charter requests from clients to owners.

OnSail Booking offers clients an online platform for the chartering of leisure boats.

2. Registration

Registration for OnSail Booking is free of charge. OnSail Booking does not require any payment for the publication of tenders.

By registering or using our services, you agree to our "Terms and Conditions".

During registration, you must provide true, up-to-date, and complete information as specified on the registration form. Data should always be correct and up to date.

Booking information will be stored in your user account on the OnSail Booking website.

You cannot have more than one active account on OnSail Booking. You agree to provide complete, accurate, and up-to-date information during the registration process and to update such information as and when required to ensure that it remains so. OnSail Booking reserves the right to suspend or terminate your account and access to the website and services if you create more than one account or if the information provided during the registration process or afterward is found to be inaccurate, out of date, or incomplete.

3. Responsibilities and Obligations of the User

The user must ensure that their user account information is accurate and up to date at all times. If anything changes, the user should correct the information immediately. The user account is non-transferable.

Users must ensure that only they have access to their own accounts and must therefore not disclose their password to anyone.

Users are responsible for all activities related to the use of their user account. The user will not be responsible for the misuse of their user account if there has been no breach of a duty of care.

Should the user discover that a third party has gained access to their data or user account, the user must inform OnSail Booking immediately. OnSail Booking will then freeze the user account and investigate. The user will bear the costs incurred in freezing access to a user account unless OnSail Booking is found responsible for the data breach.

The owner of the boat bears responsibility for providing a complete and up-to-date description of the boat. As a minimum, the owner must provide the information requested by the client in the fields to adequately describe the boat. In addition, the owner is free to decide whether to stipulate additional conditions like deposit amount, final cleaning costs, etc.

As the owner, you understand and acknowledge that you are responsible for your own acts and omissions, and also bear responsibility for acts and omissions of anyone using your boat on your request or invitation, including the client.

All users are responsible for the content of their account and therefore assume all risks associated with this.

The account is for personal, non-commercial use. When creating your personal account, we ask that you provide complete and accurate information about yourself. You cannot impersonate another person, create or use an account on behalf of anyone other than yourself, provide an e-mail address that is not yours, or create multiple accounts.

4. Reservation procedure

- Your advisor will advise you of the boats that best suit your needs and their availability. - You should then let us know which one you are interested in. - We will then pre-reserve the boat with the boat owner for you and it will typically be held on reserve for between 24 hours and one week, depending on season. Please note that boat availability is not guaranteed until we have received confirmation back from the owner. - Once the boat owner confirms the availability of your selected boat, 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 booking fee. - 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 client's details. - The client will be sent a document confirming all the details of the charter. This must be signed and returned by the client. If the document is not signed, the client will be deemed to have no objections to its content. - The remaining 50% must be paid between 45 and 30 days prior to departure. If the balance is not paid by this deadline, the owner has every right to cancel the booking without returning the first payment deposit. - The voucher with all the base information, contact person, and telephone number will be sent to you. You must print it out and keep it with you during the trip. You will also be sent the invoice. - If OnSail Booking does not receive the requested information two weeks before the start of the charter, we cannot guarantee the success of the charter. - If the reservation is confirmed less than one month before the departure date, a different procedure applies. The total amount must be paid at the time the reservation is confirmed.

5- Duration and rescission

The user contract is entered into for an indefinite period. It may be terminated at any time by the user by notifying OnSail Booking either by e-mail or telephone. Boat rental contracts that have already been verified or presented by the user to other users will not be affected by the termination of use.

6- Amendment of the website and conditions of use

OnSail Booking reserves the right to modify, update, discontinue, or remove content from the website at any time without notice and without incurring any responsibility whenever it is deemed reasonable by the users, taking into account the interests of OnSail Booking.

OnSail Booking reserves the right to change the "Terms and Conditions" with future effect. OnSail Booking requires only to advise the user of the new "Terms and Conditions" by e-mail.

General Contract Terms

These general contract terms will regulate the relations between OnSail Booking and the users who contract the services or products offered on this website.

These general terms have been drafted in accordance with law 34/2002 about information society services and electronic commerce, law 7/1998 about 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 November 16, 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 other applicable legal requirements.

1. General Service Characteristics

1.1. OnSail Booking 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 this website is to inform users of the goods and services sold by OnSail Booking. All subsequent arrangements and the final contract will be completed by e-mail, telephone, or through the user's zone on the website.

2. Price

The prices and taxes of each service are displayed on the website and remain valid for as long as they can be accessed by the user.

3. Payment Method

The user may pay by bank transfer to the named account specified at the time of payment, by any of the payment methods displayed on 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 cover breakdown, breakage, ruptures, tears, cracks, or damage as well as operation of the boat (e.g. maintenance and cleanliness) and late return. 4.2. The security deposit can be settled by credit card or cash at the port of departure. 4.3. The security deposit will be returned once the boat has been inspected and assessed to be in a good condition. 4.4. If the boat is a gulet, no security deposit is 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 working order. Once the boat has been delivered and the voyage has started, the client is deemed to have accepted that the boat is in perfect working order. 5.2. The boat is delivered to the client with the water, fuel, battery, and crankcase oil completely filled and must be returned in the same condition. An inventory of the equipment on the vessel must be signed. 5.3. The boat will be delivered to the lessee or client to the specified port in the condition described. 5.4. If the the client is responsible for any delay in delivering the boat, the rental period will not be extended. 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 specified in the contract if the original is not in a seaworthy condition due to a prior accident or breakdown.

7. Return

7.1. Late returns will incur a charge of double the daily rate for each day of delay as well as any possible penalties OnSail Booking might incur as a result of a delay in subsequent delivery of the boat. Weather conditions will not justify a late return. 7.2. Unless explicitly agreed otherwise, the boat must be returned to the same port of delivery and within the specified time frame. 7.3. At the time of return, the boat will be checked in order to check the equipment and ensure there have been no breakdowns and breakages, ruptures, tears, or cracks. The boat will be inspected for proper maintenance and cleanliness, and the fuel and water tanks will be checked to make sure they are full. Any expenses incurred to return the boat and its equipment to delivery condition will be deducted from the security deposit.

8. Right of Withdrawal

8.1. The terms, amounts, and periods set out by the boat owner in the rental agreement will apply for the service cancellation fees. 8.2. If, for any reason, 8.1. cannot be applied, service cancellation fees are as follows: a. Cancellations more than 90 days before the service: 80% of the hired services b. Cancellations less than 90 days before the service: 100% of the hired services 8.3. If, for any reason, clauses 8.1 and 8.2 cannot be applied, OnSail Booking will impose a cancellation penalty equal to 20% of the price of the rented boat excluding extras and other contracted services. 8.4. Cancellations must be processed in writing by customer service at the e-mail address [email protected] Don't forget that OnSail Booking also offers insurance policies for your rental: Pantaenius EIS

9. Right of Termination

9.1. Non-compliance with payment deadlines will result in termination of the contract. OnSail Booking will notify the client of any termination in writing and will retain the amounts paid in. 9.2. Reckless use of the boat, infringement of the terms of use outlined in the general contract terms, and infringement of the pertinent regulations will justify automatic termination of the contract.

10. Rules of Use

10.1. The client will use the boat in accordance with the legislation in force and take sole responsibility for possible infringements that could occur during use of the boat. 10.2. The client must provide the documents and licenses required by the base to provide the service. If the base considers the client to be insufficiently qualified as skipper, it will hire a skipper to start the trip. The expenses incurred will be assumed by the client in accordance with the rates in force. 10.3. If the license permits, the area of navigation allowed will be specified in the particular conditions. The user may not navigate in areas other than the ones indicated without 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 sublease the boat in any way, shape, or form. 10.5. The boat must not be occupied by more people than its capacity permits. 10.6. Additional costs like food, fuel, and water refills, berths outside the port base, and other extra services not requested at the time of booking, such as skipper, chef, attendant, assistant, automatic pilot, spinnaker, or blister, are not included. The prices of onboard consumption are set by each boat and OnSail Booking has no responsibility or competence in this respect. 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. OnSail Booking is not responsible for incidents that could arise in that regard. 10.7. The client must inform OnSail Booking immediately of any accident, damage, or loss or potential accident, damage, or loss suffered by the boat. 10.8. The lessor is released from responsibility for any damage or injury that may be caused to third parties or objects by the lessee as a result of using the chartered boat. 10.9. The client will define the trajectory for the trip along with the skipper or the base manager. The defined trajectory could be subject to justifiable modification due to the weather. In the event of such, and due to these reasons, the client does not need to give prior notification or consent and has no right to file complaints about the change in trajectory. 10.10. Upon making the payment, the client accepts these entire terms of use without limitation and understands that non-compliance could result in their liability to compensate for damage or loss, or could result in cancellation of the contract by OnSail Booking without the right to demand the return of amounts paid.

11. Complaints

11.1 Complaints must be filed in writing during the charter or at the time the boat is delivered, using the document provided by the base for this purpose. The complaint must be signed by the client and the base manager, and a copy must be sent with a certified receipt to OnSail Booking (Caspe Nº 162, 2º, 08013 - Barcelona) no later than 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 can 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).

This contract is subject to Spanish law.

Privacy Policy

Thank you for placing your trust in OnSail Booking for your leisure boat reservations. We guarantee to protect the privacy and confidentiality of your personal data at all times.

1. Data Protection Policy

The strict security procedures of OnSail Booking are designed to prevent unauthorized access to and misuse of personal data.

OnSail Booking has a file of personal data for sending promotions and maintaining the user's relationship with OnSail Booking, which includes personal data obtained through the registry, the purpose of which is purely statistical.

Upon registering, users consent to their data being used for the above purposes. Moreover, this consent also gives OnSail Booking permission to publish user opinions about the boats and related images.

When submitting a boat charter request, you must complete a form with your personal data. This information is required to process your charter request (and includes sending an e-mail request to complete the procedure).

When submitting a request to charter a particular boat, we will only disclose your name and contact details to the boat's owner.

When communicating with an owner who is located abroad (international data transfers), you consent to your data being transferred to the respective owner for the purposes and objectives stated above. These owners could be located anywhere in the world, even in countries that do not offer a level of protection comparable to Spanish data protection legislation.

Consent to data processing will not be considered revoked unless the consent is withdrawn in writing.

2. Your Responsibilities

Upon registering and using the OnSail Booking website, you will be deemed to have accepted the legal conditions stipulated herein.

The information displayed by owners on OnSail Booking must be genuine and accurate. All owners must therefore provide a guarantee that all the information they provide is genuine. If this is not the case, clients will be able to give negative feedback about boats and also be able to contact OnSail Booking and explain their dissatisfaction, and so try to find a solution.

To access and use the services offered by OnSail Booking on our website, you must provide us with your personal data at the time of registration. You must complete all the mandatory fields in order to register. Failure to do this will prevent completion of the registration process and you will not be able to access or use the services offered.

If you rent a boat for which you need appropriate certification and you choose not to hire the services of a skipper, you will be required to provide evidence of this certification to demonstrate that you have the required level of nautical knowledge.

Please note that unsubscribing does not mean that you will no longer receive information from OnSail Booking. If you do not want to receive any more information from us, please notify OnSail Booking in writing. Once we receive your request, we will proceed to cancel this action.

3. OnSail Booking's responsibilities

OnSail Booking is not responsible for the truthfulness, accuracy, adequacy, completeness, or timeliness of information provided by the boat owner. OnSail Booking accepts no liability for errors that may be contained in the information and services, and assumes no duty or obligation to verify or monitor the content or information.

OnSail Booking solely offers an information service as shown on the site. OnSail Booking is not responsible for any damage or disruption caused by the quality, price, content, or availability of the services you wish to hire or have already hired.

OnSail Booking is not part of any agreement between owners and clients. OnSail Booking has no control over the conduct of owners, clients, and other users of the site, and disclaims all liability in this regard.

OnSail Booking is not responsible for any problems the client may have during the charter. Whenever there is a problem with the boat, a failure to meet conditions or misconduct by the owner, the client must demand that the owner provides a solution and not OnSail Booking. The client signs a contract and conditions with the owner of the boat, not with OnSail Booking. Although the client pays OnSail Booking directly, OnSail Booking, in its capacity as intermediary, is exempt from any responsibility.

In any case, OnSail Booking reserves the right to adjust, refuse, or remove reviews. OnSail Booking may also change the design and content of the website and services without notice.

The review form is a questionnaire and does not include offers, invitations, or incentives whatsoever.

OnSail Booking 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.

4. Use of Cookies

To improve our service, we use "cookies", a visitor counter and other means of collecting impersonal, unidentifiable data (Google Analytics for example).

A cookie is a file that is downloaded to your computer to access certain web pages. Cookies allow a website, among other things, to store and retrieve information about the 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. Your 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.

Through activation of cookies in your browser, OnSail Booking will not link data stored in cookies to personal data provided at the time of registration or purchase without your consent.

What types of cookies does this site use? - Technical cookies: are those that allow the user to navigate through a website, platform, or application, and use the different options or services. Their purpose, for example, is to control traffic and data communication, identify the session, access restricted parts, remember the elements of an order, complete the buying process for an order, make an application for registration or participation in an event, use security features while browsing the content store, broadcasting 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 for the user terminal, such as the language, the type of browser through which access to service, the locale from which you are accessing 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 browsing on our website in order to improve the products or services we offer.

- Third-party cookies: The OnSail Booking website may use third-party services on behalf of OnSail Booking, compile information for statistical purposes, the user's site of use and provide other services relating to website activity, and other services from the Internet.

In particular, this website uses Google Analytics, a web analytics service provided by Google LLC, registered in the United States with headquarters at 1600 Amphitheatre Parkway, Mountain View, California 94043. To provide these services, they use cookies that collect information, including the IP address of the user, which will be transmitted, processed, and stored by Google on the terms set out in the google.com website. This includes the possible transmission of such information to third parties for reasons of a legal requirement or where such third parties process the information on behalf of Google.

By using this site, you expressly agree to the processing of information obtained in the manner described and for the purposes outlined above. You also acknowledge your right to reject the processing of such data or information by rejecting the use of cookies by selecting the appropriate settings in your browser. Please note, however, that blocking cookies on your browser may restrict full use of the website functionality.

You can allow, block, or delete cookies installed on your computer by configuring the browser options installed on your computer: Google Chrome , Internet Explorer, Mozilla Firefox, Safari

If you have any questions about the cookies policy, you can contact OnSail Booking at: [email protected]

5. Marketing Materials

You will receive an e-mail confirming your registration with the OnSail Booking website. Once you have submitted a charter request, you will also receive an e-mail confirming your request details.

Furthermore, after your voyage, we will send you another e-mail inviting you to complete a feedback form to help us improve the information about the boat and the service's website.

From time to time, we will also contact you by e-mail to inform you of the latest news as well as new opportunities and offers.

6. Contact

If you have any suggestions or comments about the privacy policy, please send an e-mail to: [email protected]

Legal Terms

OnSail Booking is owned by Enix Information Technologies S.L.

Company Information In accordance with article 10 of law 34/2002 of July 11, the identifying data of the company are services of the information society and electronic commerce (LSSI).

Website: www.onsailbooking.com
Corporate Name: ENIX INFORMATION TECHNOLOGIES S.L.- ONSAILBOOKING
VAT: ESB-64526536
Registered Office: Av. Diagonal, 682-3, 08034 Barcelona, España

Property and Use of Content: The information received through our website onsailbooking.com will be treated with the utmost confidentiality. Upon submitting a rental request, the user guarantees the truthfulness, accuracy, and authenticity of all data communicated and assumes liability for damages to the company or involved third parties arising from the provision of false or inaccurate information while releasing Enix Information Technologies Limited Company from such liability.

We draw attention to the existence of personal data files for the purpose of managing the rentals and suggestions of users for the purposes of the provisions of law 15/1999 of December 13 on the Protection of Personal Data. Enix Information Technologies Limited Company undertakes to respect and honor users' rights recognized by law, in particular, rights of access, rectification, and cancellation of data.

The legal notice regulates the conditions, access, and use of the website, its content, and the services made available to users. The legal notice is deemed accepted by the user upon visiting the website. The user declares to be of age and to have the legal capacity to be bound by and accept the conditions of the legal notice detailed herein.

All images, logos, and texts on the website belong to onsailbooking.com, and are protected by copyright. All boat-related images, logos, and information, however, belong to their respective owners (as do the photos in user profiles). The full or partial reproduction of these images, logos, or information is not allowed without the consent of the respective owners.