Virotea Charter boat rental is subject to the following legal terms and conditions.
These General Conditions of Contract regulate the commercial relations between Virotea Charter (the trade name of company name: Javier Berrio, address: Carrer Canari 2, Jesus 07819 (Spain), email address: [email protected], tel.+34 622311677 .Tax Identification Number: 44618558F.) (hereinafter "Virotea Charter") and its Clients.
By contracting the Services offered by Virotea Charter, the Customer fully and unreservedly accepts these General Conditions of Contract and the Special Conditions.
OBJECT OF THE SERVICE AND THE CONTRACT
Virotea Charter provides intermediation services (through the management of reservations) in the rental of pleasure boats. Through www.viroteacharter.com the customer makes the reservation of the lease, and then, if necessary, hires the rental of a boat with the final service provider, under the conditions stipulated with the same, in exchange for the agreed price. Virotea Charter additionally deals and has contracted by the final service provider, the management of collection of the lease.
All the boats that appear in www.viroteacharter.com are offered by Virotea Charter as a mediator, and its responsibility is limited to put the customer in contact with the final service provider, which is solely and directly responsible for the provision of such service. Virotea Charter is not responsible for the provision of the service and, therefore, does not guarantee, nor is it responsible for the non-compliance or non-exact fulfillment of the service contracted by the final service provider, which is the one with whom the customer contracts. However, Virotea Charter informs that it expressly requests to all final service providers a good performance of the service, in full compliance with industry standards and the lease contract. Failure to comply with this obligation by the final service providers, implies that Virotea Charter may decide not to count on them at www.viroteacharter.com.
The final service provider entrusts Virotea Charter to manage the collection of the client for the contracted rental services, as well as the blocking of the corresponding reservation. The hiring of other services or extras, as well as the deposit to be provided, will also be agreed between the customer and the final service provider, but in this case charged directly by the latter.
The customer expressly accepts this limitation of responsibility of Virotea Charter and that, consequently, Virotea Charter is only responsible for the management and formalization of the reservation of the chosen boat, and the management of collection of booking and leasing, according to the conditions and parameters established and the characteristics announced. The customer knows that the final service provider may not be able to accept the reservation, in which case Virotea Charter will offer the customer alternative boats or a full refund of the amount paid.
Although we try to make the service as accurate as possible to what is published in www.viroteacharter.com, we can not verify or guarantee that all information is accurate, complete or correct. The final service provider is responsible for the information (prices, configuration, features, extras, etc.) included on the website regarding their boats. Virotea Charter does not verify such information and, consequently, it is the sole responsibility of the final service provider that this information is true and correct. The customer agrees that any claim in this regard shall be made directly and exclusively against the final service provider. Notwithstanding the foregoing, we inform you that Virotea Charter requires the final service providers that the information they provide is correct.
RESERVATION AND PAYMENT
The reservation of the boat will not be effective until the customer has paid 50% of the total amount of the rental, not considering any boat firmly committed until such payment is made.
The rest of the amount will be paid at the time of signing the contract on the date of rental. With the payment of the reservation the client accepts the conditions of the present contract.
Prior to the delivery of the vessel, and within the opening hours, both parties, jointly, shall proceed to the Check-In and the corresponding inventory. Once this has been done, the corresponding document of accreditation and conformity shall be signed.
The boat must be returned in identical conditions of operation, equipment and inventory, to those of its delivery at the beginning of the rental. If after the Check-out any damage or breakage in the equipment and operation of the boat, or loss of inventory items and equipment, will be charged to the customer the amount of repairs and replacements.
In case the boat breaks down in navigation, it will be changed for one of equal or better characteristics of the contracted one, immediately and free of charge for the client.
BOOKING AND CONTRACTING PROCESS
The booking process with Virotea Charter and then contracting with the final service provider is very simple:
- Enter www.viroteacharter.com
- Select a boat, read conditions.
- Specify the dates and, if necessary, the extras.
- Contact Virotea Charter by email to check availability and receive the offer with the final price of the chosen boat.
- Confirm the reservation data.
- Pay 50% of the amount of the boat rental or the part that is reported (depending on the time remaining for the provision of the service).
- Obtain confirmation from Virotea Charter that the final service provider has accepted the reservation, and obtain the lease contract drawn up and provided by the final service provider, in which case Virotea Charter will charge the blocked amount.
- Make the outstanding payment (if applicable) on the dates indicated to Virotea Charter.
The customer acknowledges that the provision of the service will be borne exclusively by the final service provider, according to the contract they sign and that, therefore, the latter is solely responsible for it.
OBLIGATIONS OF THE CLIENT
The client is obliged to:
- To always provide truthful, correct and updated information about the requested data, both personal and otherwise.
- To be of legal age.
- Do not provide your password to anyone to ensure that the only person accessing your user is himself.
- Provide Virotea Charter the data requested in order to manage: reservation (by Virotea Charter), hiring and provision of the service (by the final service provider) and collection of the lease (by Virotea Charter).
- Accept that Virotea Charter may transmit such personal data to the final service provider, so that it can make the lease, and have the data of the people who will crew your boat or will be passengers of the same. The final service provider has the commitment and obligation to comply with the regulations on protection of personal data.
- To provide the information and qualifications that, if applicable, may be reasonably required.
- To make the payments of the amounts corresponding to the contracted services in the terms informed at the moment of the reservation and/or contracting.
- Make proper use of the services and, where appropriate, have the titles or licenses appropriate to the use of the boat.
- Pay all services as indicated by Virotea Charter as well as those made during the trip and that were not expressly included in the offer such as skipper, fuel and water, moorings outside the home port, taxes, as well as all other services requested, according to the lease.
The accepted means of payment are payment through the payment platform enabled on the website www.viroteacharter.com by debit or credit card Visa, Visa Electron, Master Card, as well as bank transfer. On the day of the signing of the contract, payment may also be made in cash at the same port.
In case of incidence in the payment through the web, Virotea Charter will facilitate another means of payment as the realization of a transfer so that the client can make the payment within 24 hours from the moment of the reservation or the stipulated date of payment.
FUEL AND OTHER EXPENSES
The rental price offered at www.viroteacharter.com does not include fuel. Each boat has its own consumption, and the same is paid at the end of the charter day.
All the expenses of provisioning, lubricants, gas, ice, moorings in ports and marinas, and in general the expenses of material and maintenance of the boat during the lease, will be of exclusive charge of the client, not being included in the price of the rent.
DEPARTURE AND ARRIVAL TIMETABLE
The rental schedule is from 10 am to 8 pm, since for security reasons and gas station schedule, it is necessary to return before nightfall.
*In case you want to extend the schedule for any reason, it will be requested upon request.
FLEET AND CREW
All our boats are in perfect condition, and have passed the necessary technical and mechanical inspections.
Our maintenance team is available 24 hours a day, 7 days a week for any need.
All our boats are fully licensed, fully insured, with liability insurance.
All the boats are equipped with all the necessary life-saving and safety equipment.
Our team is highly qualified and has several years of experience. All the crew has the appropriate qualifications.
The price shown on the website includes insurance with excess, cleaning service on arrival, complimentary soft drinks, ice, snorkel equipment and towel service.
Not included in the price are 21% VAT, skipper service when is not mentioned and fuel.
MAXIMUM PERMITTED CAPACITIES
For safety reasons, each boat has a maximum permitted capacity, which may not be exceeded under any circumstances.
CANCELLATIONS DUE TO PERSONAL CAUSES
Each boat has different characteristics depending on the renter of each boat, so cancellations will be subject to the conditions of the final company with which the reservation has been made.
In the event that the client cancels the charter 15 days or less in advance, the client will lose the full amount of the reservation.
CANCELLATIONS DUE TO BAD WEATHER
In case of cancellation due to bad weather forecast, the client and/or the rental company may avail themselves of one of two options:
- In case of adverse weather conditions, the client and/or the rental company may change the date of the rental, provided that on the new date selected there is availability of a boat of similar characteristics.
- In case of adverse weather conditions, the lessor will issue a voucher to the client for the amount of money paid for the reservation. The voucher will be valid for 1 year. In the event of adverse weather conditions, the boat rental reservation may be cancelled or cancelled, provided that 2 of the following conditions occur simultaneously:
- Wave height: wave height greater than 1 meter.
- Wind speed: wind above 20 knots.
- Precipitation: heavy rainfall for more than 2 hours of the total duration of the sailing day.
*The WINDFINDER application will be used as a reference to check the day's weather.
Due to adverse weather conditions, only a full day reservation (Day charter) can be cancelled. The reservation can only be cancelled at the office on the day of embarkation.
On the part of the client
In the case of cancellation of the reservation by the client, the expenses for the cancellation of the service will be those that appear in the contract of lease with the final provider of the service and, in case of not appearing or not being signed yet, it is informed that they will be the following ones:
- Cancellations before 60 days to the date of departure of the boat: penalty of 50% of the rental price.
- Cancellations between 30 and 60 days to the date of departure of the boat: penalty of 75% of the rental price.
- Cancellations less than 30 days before the departure date of the boat: penalty of 100% of the rental price.
To process the cancellation, Virotea Charter will charge 200 € as a handling fee to the customer.
Cancellations will be processed by mail to [email protected].
By the final service provider
Without prejudice to those agreed in the lease contract with the final service provider, it is reported that will be grounds for automatic termination of the contract and / or reservation, without compensation or refund of the price paid to the customer, the following cases:
- Failure on the part of the client to make payments on time.
- The imprudence or breach of the rules and legislation in force in the use of the boat, including, but not limited to: embark more people than authorized, navigate outside the authorized limits for the boat and its qualifications.
FINAL SERVICE PROVIDER
The final service provider can be an owner of one or more boats, a charter company, a broker, or an agency that has the management of the boats.
Virotea Charter offers to the final service providers the possibility to advertise their boat on the online platform with a description, features, images, prices and an availability calendar, according to the information they provide to www.viroteacharter.com. With this, Virotea Charter can perform its booking service and, where appropriate, management of rental collection.
RESPONSIBILITY AND COMPLIANCE WITH LEGISLATION
The boats are covered by the corresponding insurance policy. The client must take all necessary measures to act in accordance with the obligations contained therein, being, where appropriate, solely responsible for the consequences of breach of such obligations.
The client expressly accepts that the insurance does not cover accidents occurring outside the boat or any loss or damage to his personal belongings or those of the other crew members of the boat.
The client is directly liable for any damage, material or personal, resulting from the client's failure to comply with the obligations set out in the conditions of use of the boat and/or negligence on his part.
Furthermore, the client assumes all responsibility for any fine, penalty, prejudice or damage caused or derived from the infringement of any other clause of this contract and/or for any infringement of local, national and international legislation in force and, in particular, against fishing laws, underwater fishing, search for archaeological remains or coastal law committed during the term of the contract, and for any damage that may occur in guides, pontoons or other elements of the sports facilities in which it moors.
Any claim the client may wish to make must be made in writing at the time of return of the boat, at the end of the contract.
It is expressly agreed that the company assumes no liability whatsoever for loss or damage to any property left, stored or forgotten, stored or transported on the boat by the client or any other person, whether during or after the end of the charter. The client assumes the risk of such losses and releases the company from all claims for the same.
For the solution of any controversy as a consequence of the present contract the parties submit to the Administrative Authorities and Courts of Ibiza, the relationship between them being governed by the Spanish Legislation.