TERMS OF SERVICE AND OF USE
Incrediblue is a registered trademark owned by Nautal Smart Sailing S.L. (henceforth NSS), with CIF B66034539, registered in the Mercantile Registry of Barcelona and address Josep Pla, 2, B3, 6B 08019, Barcelona, Spain, applies the following general terms of service and use to their customers. NSS is devoted to the management of boat charters bookings (not to the rental itself), and of collections of these rentals.
The boat charter, which is between the client and the final service provider (owner or manager of the boat), is governed by the rental contract with the final service provider. NSS does not intervene in the rental contract, nor is a party.
These terms of service and of use and the Private Policy can be consulted in the following addresses www.incrediblue.com/en/terms-conditions and www.incrediblue.com/en/privacy-policy and the email address to make any further consultation is firstname.lastname@example.org and the web page is www.incrediblue.com
The aim and intent of NSS is to fully satisfy the client. Please, report any incident without delay to email@example.com. Furthermore, any communication or document should be sent to the same email address.
1. SUBJECT MATTER OF THE SERVICE AND THE CONTRACT
NSS provides brokerage services (by managing bookings) in the pleasure boat charters. Through NSS and/or incrediblue.com, the client books the charter, and if applicable, rents a boat to the final service provider, in accordance with the terms and the price agreed with the provider.
All the boats in incrediblue.com are offered by NSS which acts as a mediator and whose responsibility is limited to bringing into contact the client with the final service provider, who is solely and directly responsible for the provision of the service. NSS is not responsible for the provision of the service and, therefore, does not have the obligation to answer in the event of the non-fulfillment or the incomplete fulfillment of the contracted service with the final service provider, with whom the client has contracted the service. Nevertheless, NSS informs that all the final service providers have been explicitly requested to meet the requirements of the service, according to the sector standards and to the rental contract. The non-fulfillment of this obligation by the final service providers, implies that NSS may exclude them from incrediblue.com.
The final service provider explicitly entrusts NSS with the task of collecting the rental payment for the contracted service, as well as blocking the part of the amount agreed. Other services, extras and the deposit will be agreed between the client and the final service provider, but in this case they will be charged by the latter.
The client expressly accepts this limitation of liability of NSS and, in consequence, NSS is only responsible for managing and formalizing the booking of the chosen boat, and of managing the payment of the deposit and the rental, according to the conditions and measures established and the characteristics advertised. The client acknowledges that the final service provider may not accept the booking, in which case NSS will offer the client alternative boats or the full refund of the amount blocked and/or paid.
Although we aim to perform the service as advertised on incrediblue.com, we cannot verify or guarantee that all the information is precise, complete or correct. The final service provider is responsible for the information about boats (prices, configuration, features, extras, etc.) included on incrediblue.com. NSS does not verify this information and, therefore, the final service provider is the only party responsible for the veracity and accuracy of such information. The client accepts that any complaint in this sense will be made directly and exclusively against the final service provider. Without prejudice to it, we inform you that NSS requests the final service providers to give accurate and correct information; otherwise, they may be excluded from incrediblue.com. Any incident, we recommend to be reported to firstname.lastname@example.org.
The rental contract will have the duration stated in the rental booking form, without prejudice to being subject to the contract regulation to subscribe to the final service provider. Any change in its duration, should be informed to NSS.
The terms of service and of use are applicable as soon as the client generates the booking form.
3. BOOKING AND RENTAL PROCESS
The booking with NSS and the rental with the final service provider process is as followspay for
- Sign in to www.incrediblue.com
- Specify dates and extras if applicable and fill in the information required, including personal mandatory data.
- Confirm the booking details.
- Pay for the rental (or block the amount) or pay for part of the payment agreed upon (depending on the remaining time before the service is provided).
- NSS will confirm if the final service provider has accepted the booking and you will obtain the rental contract drawn up and provided by the final service provider. In this case, NSS will retrieve the blocked amount.
- Make the outstanding payment to NSS (if applicable) within the indicated dates.
- Once the service has been provided, NSS will request the client to rate the service in detail so the rest of the clients have access to this information.
The client acknowledges that the service provided shall be the exclusive responsibility of the final service provider, according to the contract signed and, therefore, this is the solely responsible for it.
4. DEFINITION OF CLIENT
A client is anyone over 18 years of age, with the power to rent a boat, accept the present terms of service and of use and agree to be bound by them when generating the booking form.
5. CLIENT DUTIES
The client is obliged to:
- Always grant authentic, right and up-to-date information about personal data requested or any other type of information.
- Not provide your password to anyone to ensure you are the only person with access to your username.
- Provide the data requested to NSS in order to deal with: the booking (by NSS), contract and provision of service (by the final service provider) and charging for the rental (by NSS).
- Accept that NSS may transmit personal data to the final service provider, so that NSS may prepare the rental contract and have the data of the people who will steer the boat or be passengers on it. The final service provider is committed to and obliged to comply with the personal data protection regulations
- Provide the information and qualifications, if applicable, which may be reasonably required.
- Pay the amounts corresponding to the hired contracts within the due dates established in the booking and/or hiring process.
- Properly use the services and, if applicable, have the appropriate qualifications or licenses available in order to use the boat.
- Pay all the services as indicated by SAN, as well as, the services carried out during navigation and which were not expressly included in the offer such as the skipper, fuel and water, mooring outside port base, taxes, and any other services required, according to the rental contract.
- Provide only truthful information when rating the service received. Anyway, NSS reserves the right to accept, reject or withdraw the valuations and opinions.
6. FINAL SERVICE PROVIDER
The final service provider may be the owner of one or several boats, a charter company, a broker, or an agency which manages boats.
NSS offers final service providers the possibility to announce their boat in the online platform with a description, features, images, prices and an availability calendar, according to the information provided to NSS. Thus, NSS can carry out its booking service and, if applicable, the rental payments management.
7. CONTRACTING METHODS
The client and NSS accept the possibility to formalize agreements and contracts by any means offered by the law, including e-contracting methods through a webpage or an email, telephone recording, digitized signature, electronic signature, as well as that they may be stored, organized or copied, by any available means.
8. PAYMENT METHODS
The client will pay when booking or contracting a service, paying the amount agreed in each case and at the agreed moment (and according to the conditions previously accepted by the client).
If the clients do not have to pay the total amount when booking, they are obliged to make the outstanding payment within the indicated dates.
The payment methods accepted are those made through the payment platform set up on incrediblue.com by debit or credit cards such as Visa, Visa Electron and, Master Card, as well as other means which can be implemented online.
In the event of incidences in the payment through the web page, NSS will accept a transfer as an alternative payment method so the client can pay within 24 hours from the moment of the booking or the date of payment agreed.
9.1 On the part of the client
In the event of withdrawal after booking on the part of the client, the cancellation expenses will be stated in the rental contract with the final service provider and, in case they are not stated or the contract is not signed yet, the cancellation expenses will be the following:
- Cancellations 60 days before departure: a penalty of 50% of the rental amount.
- Cancellations 30 to 60 days before departure: a penalty of 75% of the rental amount.
- Cancellations less than 30 days before departure a penalty of 100% of the rental amount.
To process cancellations, NSS will charge 150€ to the client for management costs.
Cancellations will be processed via mail to email@example.com.
9.2 On the part of the final service provider
Without prejudice of the agreed in the rental contract with the final service provider, we inform that the following cases will trigger an automatic termination of the contract and/or booking, without compensation, or refund of the amount paid by the client:
- Non-compliance by the client with the payments within the due dates.
- Imprudence or non-compliance with the rules and the current legislation when using the boat, which includes but is not limited to: exceeding the number of people on board, sailing beyond authorized limits for the boat or for your qualifications.
- Failure to present the required documentation to steer the boat, before boarding in contracts where Skipper has not been hired.
- Showing insufficient skills to steer the boat, in contracts where Skipper has not been hired.
10. AGREEMENTS ON THESE RULES
If any of the stipulations in these terms of service and use were declared null and void in application of the legislation in force, by virtue of a decision of court or any recognized body with enough jurisdiction, the remaining stipulations shall remain in force.
11. CHANGES IN THE FUTURE
12. COMPLAINTS AND APPLICABLE JURISDICTION
Complaints shall be made in writing and through an irrefutable reception method.
To resolve any dispute regarding the interpretation or their own jurisdiction, they expressly submit to the jurisdiction and competence of marine authorities and, if applicable, to the courts of Barcelona (Spain).
These terms and conditions are subject to Spanish law.
In case of controversy about the interpretation of this document, the Spanish version of these conditions is the prevailing one.