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Booking conditions

Navega en barco Marketplace is dedicated to the rental of boats without a license and with a license. The web portal NAVEGAENBARCO.COM AND NAVEGAENBARCO.ES contains regulations for access, use and usefulness of the products, software, images, videos and Website (equivalent to "Services").

By accessing and using the Website NAVEGAENBARCO.COM and NAVEGAENBARCO.ES you as a user acknowledge that you have read and accepted the General Conditions of Use (that is, "this agreement") and personally assume the commitment to comply with all the Terms and Conditions presented here, as well as for the other documents and annexes that are included at the time of making the reservation.

NAVEGAENBARCO.COM refers to MORRO & SONS SHOPS INV. S.L., (also known as “NAVEGAENBARCO”, “us”, “we”, “our”, and the “Website”). If you use our Services on behalf of a corporation, company, legal entity, natural or legal person, you give NAVEGAENBARCO to understand that "you" act and act as the legal representative of said entity or user. Therefore, it means that he or she has given you the right of representation and the responsibility to comply with all the obligations that the title of representation accrues.

It is recommended to carefully read the following TERMS AND CONDITIONS, since they contain rights, obligations and responsibilities that each user must assume without exception when using our Services. In the same way, you will find our Privacy Policy described, which was incorporated in this same section and which will be included under the term "Conditions". If you do not agree with all the Conditions, you will not be able, in any way, to use the NAVEGAENBARCO services.

You accept the Terms and Conditions at the moment in which:

(i) click accept or agree to the Terms and Conditions. You can access this option in the user interface of the Service at NAVEGANDOENBARCO.COM AND NAVEGAENBARCO.ES; or also,

(ii) at the time you use any of our Services.

In the specific case of (ii), we want you to understand that for NAVEGAENBARCO the use of its services includes full acceptance of the Terms and Conditions from that moment on. NAVEGAENBARCO reserves the right, at its discretion, to change, modify, add or eliminate any of the conditions that are written here, in whole or in part, at any time and without prior notice.

For this reason, we advise you to read and consult this Website and the Terms and Conditions periodically, in this way you will be aware of the changes that are made. Your use of our Services after such terms are posted allows us to infer that you have fully accepted these Terms and Conditions.

Keep in mind that NAVEGAENBARCO is only a means of communication between renters (“Lessees”) and the owners or lessors (also known as “Owners”). NAVEGAENBARCO.COM acts as a connection platform, where renters can see, compare and book the available boats that have been published by the Owners, but it is not bound by any rental contract or other transaction that may exist between users of the Web Site.

The Owners are the actual providers of the pleasure boat rental services and the additional services that they require. NAVEGAENBARCO is limited solely to displaying the Shipowners' fleet on the web, provides advice to the renter in the reservation process, is in charge of making the collection of the renter's reservation on behalf of the Shipowner and finally, pays the Shipowner this agreed amount, subtracting a commission value of 10% + taxes for intermediation services.

It should be clarified that NAVEGAENBARCO is not part of any real agreement or transaction between tenants and Owners. However, from time to time, it provides tools that are related to a reservation, in order to allow a renter to make a direct transaction with an Owner when renting a boat. On the other hand, the Owner will be in charge of completing and verifying that all the information displayed on NAVEGAENBARCO.COM is clear, truthful and legitimate.

The Owner has the commitment and responsibility that the information provided to NAVEGAENBARCO is clear and truthful, in terms of the characteristics and general condition of the vessels. If there is an error and requires making any changes, said information must be updated and provided by the Owner, therefore, any deviation, error, misinformation or confusion regarding the real state of the vessels and that can be detected is under his responsibility. by a tenant.

According to Article 17 of the LSSICE, the responsibility of service providers that provide links to content or search tools as NAVEGAENBARCO does are the following:

1. NAVEGAENBARCO will not be responsible for the information received by the recipients as a result of its services, as long as:

They do not have effective knowledge that the activity or the information to which they refer or recommend is illegal or that it harms the property or rights of a third party liable for compensation, or

If they do, they must act diligently to remove or disable the corresponding link.

2. The exemption from liability contained in section 1 will not apply in the event that the content provider, that is, the "Owner" to which it is linked or whose location acts under the direction, authority or control of the provider that facilitates the location of those contents.

The lessee has the right to request from NAVEGAENBARCO all the documentation that he considers necessary about the boat that he wishes to reserve. In the same way, NAVEGAENBARCO will request said documentation from the Owner of the boat, so that the lessee can complete the reservation knowing all the aspects, guidelines and conditions in which the boat is before making the payment.

Renters are responsible for verifying that the boat meets all legal rental requirements before boarding the boat and leaving port. Likewise, the Owners assume the exclusive responsibility of complying with all the legal requirements required by the vessel.

Identification data

In compliance with the provisions of Article 10 of Law 34 of 2002, of July 11, on Services of the Information Society and Electronic Commerce, we inform you that:

MORRO & SONS SHOPS INV. SL (hereinafter, NAVEGAENBARCO) is a company dedicated to mediation in the rental of pleasure boats online.

NAVEGAENBARCO is registered in the Mercantile Registry of MENORCA, Volume 153, Book 0, page 216 , sheet IM-6314, inscription 1.

NAVEGAENBARCO with CIF B57951741, is a company domiciled IN CIUTADELLA DE MENORCA, and is currently in charge of the exploitation, management and operation of the Website www.navegaenbarco .com and www.navegaenbarco.es For more information you can contact us through the following email: hola@navegaenbarco.com

Privacy Policy and Data Protection

In correlation with the current legislation on data protection, we inform you that the personal data that you provide us through any form on Navegaenbarco.com or any other means, will be included in a file called MORRO & SONS SHOPS INV. S.L, in order to manage the requested service and inform you about other services and products that may be of interest to you.

To exercise your rights of access, rectification, opposition and cancellation you can go to Avenida Capitán Negrete, 53 in Ciutadella de Menorca, C.P. 07760 hola@navegaenbarco.com


Independent Agreements

Before making a reservation or purchasing a product or service, you will have to acknowledge and agree that you will enter into a separate agreement and/or waiver with a Shipowner, such agreement and/or waiver may contain additional limitations and prohibitions on your reservation, product or service. For this reason, NAVEGAENBARCO will only be limited to being a communication channel for said agreement.

It is important that you keep in mind that all agreements and/or exemptions related to the rental of a boat or the products or Separate related services are under the exclusive control of any Shipowner or provider and you.

Release and Compensation

This section is delimited by a time clause that has been distributed as follows; before and after signing the lease:

Before signing the lease between the parties:

We reiterate that NAVEGAENBARCO is only responsible for the management and formalization of the reservation of the chosen boat, as well as the management of the collection of the reservation and the leasing process between the lessee and the Owner, in accordance with the established conditions and parameters and the announced characteristics.

After signing the contract agreement between the parties:

In the event of a dispute between a lessee and a Shipowner arising from the lease of a vessel, the lessee must claim the Shipowner or, on the contrary, the Shipowner against the lessee depending on the cause that generated the dispute. NAVEGAENBARCO will only act as a mediator between the lessee and the Owner to try to reconcile and reach an agreement acceptable to both parties.

In this sense, NAVEGAENBARCO will be seen as a third party in the legal relationship of lease between the lessee and the Owner, since NAVEGAENBARCO is limited only to being a communication bridge between the lessee and the Owner. Subsequently, each one, both the lessee and the Owner, at their own risk and decision, will formalize the lease of the boat.

In an attentive and forceful manner NAVEGAENBARCO expressly requests all final service providers (Owners) a good provision of the same, with the aim of corresponding to the standards of the sector and the lease. Failure to comply with this obligation by the final service providers (Shipowners), entitles NAVEGAENBARCO to make exceptions and exclude said services from the website NAVEGAENBARCO.COM AND WWW.NAVEGAENBARCO.ES

Insurance Contract

Remember that NAVEGAENBARCO is not part of any insurance contract, it does not offer the service as a civil liability insurance provider. Nor does it offer the Shipowner the possibility of contracting insurance through NAVEGAENBARCO for the provision of the service. Similarly, you are not acting on behalf of any insurer, any broker or agent, any insured or any claimant in any contract.

If you wish to have insurance coverage, you may do so through an independent insurance product, not affiliated or related to NAVEGAENBARCO.COM

It should be noted that NAVEGAENBARCO does not act as a broker, agent or consultant in the sale of insurance, is not sponsoring, nor does it recommend any particular insurer or terms of coverage. Any contract of insurance will be made exclusively between you, as the insured, and the insurer, which will act as insurer. Therefore, you acknowledge and agree that NAVEGAENBARCO assumes no responsibility for any claim or dispute arising from or related to an insurance contract provided through a Web link. In the same way, you also acknowledge and agree that NAVEGAENBARCO will not be included as a party, in such claims or disputes.

We recommend that all renters take out independent travel, cancellation, reduction of deposit and civil liability as skipper at the time of booking. Keep in mind that reservations made through NAVEGAENBARCO.COM are not covered by any type of insurance, it is the responsibility of the lessor and the lessee to contract it.

Use of services

Below, you will find the conditions of use for our services.

As a condition for the use of NAVEGAENBARCO Services, the user guarantees that:

(i) if you are going to operate a boat, you are responsible for ensuring that you are legally authorized to operate a boat in the country and state/province in which you are renting it;

(ii) that they own the legal authority to create a binding legal obligation;

(iii) that you will use this Website in accordance with the Terms and Conditions set forth herein;

(Iv) You will only use this Website to view available boat rentals or to conduct legitimate boat rental transactions for yourself or another person. In this way, you will be legally authorized to act on behalf of other members or persons; Likewise,

(V) will inform other people about the Terms and Conditions that apply to the rental of boats that they have made on their behalf, including all laws, regulations, rules, obligations and restrictions applicable to them;

(Vi) all information provided by you to NAVEGAENBARCO must be true, clear, accurate, current and complete,

(vii) if you have a NAVEGAENBARCO.COM account, your account information will be safeguarded and monitored by us. In addition, you will be fully responsible for any use of your account by you and no one other than you. NAVEGAENBARCO reserves the unilateral right of admission. Therefore, you may deny access to the Services to anyone at any time and for any reason, including, but not limited to, violation of the Terms and Conditions.

Use of the Website

The content and information on the NAVEGAENBARCO Website (this “Website”) (including, but not limited to, prices and availability of boats listed in any inventory database), as well as the infrastructure and layout used to provide said content and information, is the property of NAVEGAENBARCO, its licensors, its suppliers and providers.

The only content that you can share are copies of your reservation documents (and related documents) for the rental of boats reserved through this Website. On the other hand, you do not have the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or resell any information, software, content, products, images, videos or services obtained from or through this Website in whole or in part. Furthermore, you agree not to:

Use this Website or use its contents for any commercial purpose without our express written consent

Making any speculative, false or fraudulent reservation or any reservation in anticipation of demand

Access, monitor or copy any content or information on this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written consent

Violate the restrictions of any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website

Take any action that imposes or may impose, in NAVEGAENBARCO's discretion, an unreasonable or disproportionately large load on NAVEGAENBARCO's infrastructure

Create or connect deep links to any portion of this Website (including, without limitation, the purchase route of any boat rental reservation) for any purpose without our express written consent

Incorporate by means of a frame, mirror or in any other way any part of this Website in any other Website without our prior authorization and written consent

Identity Verification

Since the verification of users on the Internet is complex, NAVEGAENBARCO will request:

from the lessee documentation of the type: ID, DNI, passport, nautical title and nautical experience; that will be shared with the Owner to speed up the process on the day of arrival at the ship. NAVEGAENBARCO cannot guarantee the veracity of these documents, therefore, it assumes that they are real and there is no forgery or identity theft through them.

to the Shipowner documentation of the type: fiscal and legal identification. NAVEGAENBARCO cannot guarantee the veracity of these documents, therefore, it assumes that they are real and there is no falsification or identity theft through them

We clarify that NAVEGAENBARCO will request said documentation from the lessee and the lessor, but cannot guarantee in any way that said documentation is provided by them.

Exclusion of Guarantees

We have no way of guaranteeing that the boats visible on the web and those that the lessor marked as blocked are available at the time of booking. The web works as a catalog displaying all the boats, regardless of whether they are available or not. A commercial will be in charge of contacting the lessor to confirm the availability of the boat.

Remember that a boat is not officially confirmed until NAVEGAENBARCO has paid the Owner (lessor) and the lessee has received a confirmation email with the reservation of the boat.

Additionally, NAVEGAENBARCO will provide the lessee with all the documentation required on the vessel except for: name of the vessel, registration number and name of the owner company (to prevent the lessee from bypassing NAVEGAENBARCO) and will act diligently so that the lessee has all the necessary information so that he can lease the boat with the Owner quickly, safely and aware of what was contracted.

We stipulate that some jurisdictions do not allow exclusion or limitation of implied warranties, so in those cases, those jurisdictions, the limitations or exclusions may not apply.

Limitation of liability

In correlation with what is described above in the paragraph of terms of use and in accordance with Article 17, of the LSSICE, insofar as the boat leasing relationship between the lessee and the Owner , NAVEGAENBARCO nor its officers, partners, directors, employees, agents, subsidiaries or affiliates will be liable to the lessee and/or Owner for:

The direct or indirect damages and/or losses derived from the non-availability of the services in cases of force majeure, such as: storms, bad seas, storms, accidents or similar of the vessels that are the object of the lease agreement between the lessee and the Owner.

Any loss or damage that may be incurred as a result of changes that NAVEGAENBARCO may make in the services, or for any permanent or temporary cessation in the provision of services.

< p>Any bodily injury or death that may occur as a result of an accident related to the reservation provided through the use of NAVEGAENBARCO services.

By reading these Terms and Conditions, you accept that NAVEGAENBARCO is not party to any yacht charter contract or agreement, nor is it in any way responsible for injury to persons or property that may occur during or in connection with a yacht charter, whether as a result of the negligence nce of any vessel operator, or Owner, or the safety of any vessel or for any other reason.

Regardless of the conditions, if for any reason NAVEGAENBARCO becomes responsible, the total responsibility added to NAVEGAENBARCO lies in relation to the terms or services included in its work by intermediation commission. We note that some jurisdictions do not allow the exclusion or limitation of certain damages, so in these jurisdictions the above limitations or exclusions may not apply.

Indemnification

In this section you are agrees to defend and indemnify NAVEGAENBARCO, against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including, but not limited to reasonable legal and accounting fees, acquired as a result of:

Your breach of the Terms and Conditions

Violation of any law or the rights of a third party

You misuse this Website and the Services

Appropriation of exclusive materials of NAVEGAENBARCO

Keep in mind that our Services contain proprietary materials such as logos, text, software, photos, videos, graphics, music and sound. NAVEGAENBARCO is the owner or licensee of all such materials and owns all intellectual property rights over them, including, without limitation, copyrights and trademarks.

By using our Services, you agree not to upload, download, distribute, or partially or fully reproduce any material owned by us without obtaining the prior written consent of NAVEGAENBARCO. The only exception you have is that you may make limited copies of your booking documents (and related documents) for boat rentals booked through this Website.

Unsolicited ideas, suggestions and comments

On some occasions, users send us ideas, comments or suggestions regarding our business, such as ideas for new products or technological improvements, tools or improvements to the Website, processes, materials, marketing plans or new product names. At no time do we solicit such ideas or suggestions, nor are we under any obligation to review or consider them.

The sole purpose of this policy is to prevent misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, appears similar to any of the submissions submitted by users. Therefore, if you choose to submit any ideas, initial creative work, suggestions, feedback, action plans, or other works (“Submissions”) to us, regardless of what you say, do, write, or provide to us in connection with your submissions , such content will be subject to the implications and obligations of our Terms and Conditions.

At the time you submit or provide any Submission to us, you agree that (1) your Submission and its content will automatically become our property and you will not receive any compensation; (2) we may use or redistribute any submission and its content for any purpose and in any manner; (3) We are not responsible for reviewing submitted submissions.; and (4) we are under no obligation to keep any Submission or content submitted by users confidential.

No Spam, Spyware or Impersonation

We and our users do not tolerate spam. Therefore, you may not use the Website to spam or submit content that violates our Terms and Conditions.

Links to third-party websites

On occasion, the Services may contain links to other websites operated by third parties other than NAVEGAENBARCO (“Third Party Sites”). NAVEGAENBARCO's links to these other third-party websites are for informational purposes only and do not imply any endorsement or endorsement of the products, services or material of such third-party websites, or any association with their sponsors or operators.

Access to any Third Party Websites is at your own risk, we are not responsible in any way for such third party websites or resources provided by them. NAVEGAENBARCO will not have any responsibility as a result of the use of said third party websites and their resources, nor of the use of said sites and resources, since these will not be governed by these Terms and Conditions.

Additional terms

In general compliance with Laws and Taxes, you shall comply with all laws, statutes, ordinances, regulations and taxes with respect to the use of the Services.

Headings

The headings used are for reference only, in no way define, limit, interpret or describe the scope or scope of said sections.

Transfers or transfers

This Agreement, the terms, conditions, services and modifications to it, may not be assigned, passed or transferred in whole or in part or in any way by you to another person or entity without the prior written consent of NAVIGAENBARCO.

On the other hand, NAVEGAENBARCO may assign this Agreement, the terms, conditions and any information you provide without your consent and without limitation, in connection with the sale of its businesses, assets, a merger or other similar operation.

Governing Law

The terms of this Agreement shall be construed in accordance with the substantive laws of Spain. Therefore, the parties waive any statute, law or external jurisdiction.

Choice of forum and place

It is stipulated that this contract is governed by the provisions of its own clauses and , in matters not provided for by them, by the legislation of the Kingdom of Spain.

These General Conditions are governed by Spanish law. For any question related to the interpretation or application of the provisions herein, the Parties undertake to make their best effort to reach an amicable agreement, being subject in the event of not achieving it, expressly, to the jurisdiction of the Courts and Tribunals. of Ciutadella de Menorca, waiving any other jurisdiction that, if applicable, may correspond to them.

Similarly, in compliance with the provisions of the Law on Alternative Dispute Resolution, we inform consumers that users may go to the Consumer Office in case their claims are related to electronic transactions with consumers, or about protection of data, said claims will be resolved by the Spanish Consumer Office. 

If the claims are related to digital advertising or data protection related to this area, they will be submitted to the AUTOCONTROL Advertising Jury. In addition, we remind you that you can access the European Union's online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show 

Severability

In the event that any provision of the Terms and Conditions is found to be invalid, illegal or unenforceable by any court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall in no way be affected. or harmed thereby. Remaining content that is valid, legal, and has applicable provisions will be construed, to the extent possible, to achieve the purposes originally expressed in the invalid, illegal, or unenforceable provision.

Disclaimer

You may not make any partial or total waiver of any of the Terms and Conditions established in this document, therefore, it will not be considered or accepted by NAVEGAENBARCO.

Full agreement

The Terms and Conditions constitute the entire agreement between you and NAVEGAENBARCO with respect to the subject matter in this document, including the use of the Services and any object therein, and supersede all previous communications, representations, understandings and agreements, oral or written, between the parties regarding said matter.

Termination

Autonomously, NAVEGAENBARCO may issue a warning, temporarily suspend, indefinitely suspend or cancel the use all or part of the Services to a user, in the event that you do not comply with the conditions, or at any time or for any reason, unilaterally.

No approval

We do not exclusively recommend one Owner over others and we do not provide advice to renters regarding which Owner to select for rentals.

In addition, all comments and opinions of NAVEGAENBARCO users, renters, or Owners of our Website do not represent the opinions of NAVEGAENBARCO in any way and are not endorsed by NAVEGAENBARCO, even if there is no written statement to the contrary.

No relationship

You agree that there is no joint venture, partnership, agency or employment relationship between you and NAVEGAENBARCO as a result of this agreement or use of this Website.

Notice of claim

We inform you that, at this time, you accept that all disputes arising from the Terms and Conditions or the use of the NAVEGAENBARCCO Services will be communicated to NAVEGAENBARCO in writing within thirty (30) days from the date of the causally related incident. with the dispute. Similarly, you waive your right to any claim against NAVEGAENBARCO by not being notified in accordance with the provisions of this Section. All rights not expressly granted herein are reserved by NAVEGAENBARCO.

Taxes and fees

The prices displayed on the website are shown with VAT (or an equivalent). The tax rate shown is the one applicable at the time of booking.

Keep in mind that the taxes are not accrued until the navigation and that, therefore, the cost between the moment of contracting and the moment of navigation could vary. These variations do not depend on NAVEGAENBARCO or the Owner. In addition, in some destinations there are specific taxes such as: tourist taxes, navigation taxes, access taxes to reserved areas, ecological taxes and others.

We will take care of showing these special taxes and their costs according to the information received by the Owner. Remember that the cost of these taxes may vary and that there may be local taxes not shown on the website. For this, we recommend that the user inquire about it with the Local Organisms. If you wish to receive a nominative invoice for the boat rental service, you must request it directly from the Owner. The Owner will issue his invoice upon completion of the rental service and taking into account the date of departure.

Keep in mind that, given the Shipowner's workload on certain dates, it may take up to 1 month from the date of departure until the invoice is issued.

Agreements between users of the interface

In order to have a good and valuable consideration, and to acknowledge the receipt and sufficiency, the tenants accept the Terms and Conditions of this Agreement with the Owners, as established below; the Conditions of Use (the “Terms of Use”) and the privacy policy that are published on the NAVEGAENBARCO Website, each of which may be revised or updated by NAVEGAENBARCO from time to time and current copies of which can be accessed at through WWW.NAVEGAENBARCO.COM AND WWW.NAVEGAENBARCO.ES

Relationship between members

This Agreement establishes the Terms and Conditions of use of the Shipowner of NAVEGAENBARCO in relation to the products, software, services, images, videos, Websites and Website(s) (collectively “Services”). NAVEGAENBARCO refers to MORRO & SONS SHOPS INV. SL, NAVEGAENBARCO and NAVEGAENBARCO.COM AND WWW.NAVEGAEMBARCO.ES (NAVEGAENBARCO and members are each referred to herein as a “Party” and collectively as the “Parties”).

We clarify that, if the Member does not agree with all the Terms and Conditions, he will not be able to use the services of NAVEGAENBARCO.

NAVEGAENBARCO reserves the right to prohibit the use of its services to any person at any time and for any reason. Please note that failure to comply with the conditions may prohibit members from accessing the NAVEGAENBARCO services and also the cancellation of their NAVEGAENBARCO account.

Definitions

“Lessee”, “lessee” or “User”, “user” means a person or organization that acquires a rental from an Owner or manager of a boat with the assistance of NAVEGAENBARCO Services.

“NAVEGAENBARCO Website” o “Website”, “website” mean the web platform owned by NAVEGAENBARCO and that has the URL WWW.NAVEGAENBARCO.COM AND WWW.NAVEGAENBARCO.ES and any and all other Internet websites owned or managed by NAVEGAENBARCO on the that NAVEGAENBARCO offers trade intermediation services, therefore, its role is limited to putting a lessee who wants to rent a boat in contact with an Owner who has it for rent.

“Owner” “Member ” or “Manager of a ship” means any collaborating user speaker with the services of NAVEGAENBARCO that offers information on boat rental offers and any information related to the offer in boat rental or boat rental services through the Website NAVEGAENBARCO.COM AND WWW.NAVEGAENBARCO.ES

Shipowners include any of the parties involved in the offer or provision of boat rentals for users of NAVEGAENBARCO.

“Terms” or “Conditions” means this Agreement, the rules of use and privacy policy.

Order of precedence with respect to the NAVEGAENBARCO Terms. The provisions of this Agreement are supplemented by the Terms of Use and Privacy Policy (an updated copy of which can be accessed at: WWW.NAVEGAENBARCO.COM AND WWW.NAVEGAENBARCO.ES), which are incorporated herein by reference, (As indicated in this document, NAVEGAENBARCO may review or update the conditions when it deems it pertinent).

The relationship between the parties under this Agreement is governed by the provisions of this Agreement and the Terms of Use, except that the terms of this Agreement take precedence over any conflicting or inconsistent provision in the Terms of Use.

Acceptance

When you use the NAVEGAENBARCO services you are automatically accepting the terms, conditions and clauses of this Agreement. Renters and Owners accept the Terms and Conditions of this Agreement when: (i) they click to accept or agree to the Terms and Conditions, that option is found in the user interface of the NAVEGAENBARCO Service; or, (ii) use the Services.

In the case of (ii), the renters and Owners understand and accept that the use of the Services constitutes and implies that they have accepted this Agreement, including all its Terms and Conditions.

Period of use and visualization of the content

We will make all commercially reasonable efforts to ensure that the interfaces to Owners and the access of the tenants to the services of NAVEGAENBARCO are available without interruption, except for any maintenance that is scheduled and necessary to maintain the proper functioning of the Website and when service interruptions are caused by external conditions and beyond the control of NAVEGAENBARCO.

NAVEGAENBARCO in no way guarantees that the Services will be available without interruption.

Content generated by Shipowners

The Shipowner understands that all messages, texts, publications, files, photos, images, videos or other materials (“Content”) that you publish, send to NAVEGAENBARCO, transmit through, or link from the website, are your sole responsibility.

The Owner accepts that NAVEGAENBARCO is only acting as a means for the distribution and publication of its Content. In other words, the Owner is solely responsible for each individual element of the Content that he makes available to the tenants through the Website.

Please note that NAVEGAENBARCO is not responsible for any inaccuracy or incompleteness of the information provided by members. If a Shipowner discovers that listing details are inaccurate or incorrect, it is the Shipowner's sole responsibility to correct the interface information from the member account or contact a NAVEGAENBARCO representative to resolve any errors or inconsistencies.

Additionally, we may, without prior notice, suspend or terminate an Owner's profile at any time, including without notice from you or notice to you if we suspect, in our sole discretion, that your account with us or with your email account is being used in an unauthorized or fraudulent way.

It is prohibited to publish any content that in the opinion of NAVEGAENBARCO is threatening, defamatory, illegal, abusive, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, profane, defamatory, harassing or similar.

In this way, you agree not to publish content that violates any rights of third parties, including intellectual property rights, rights of publicity and privacy. NAVEGAENBARCO reserves the right to remove content at its sole discretion and without prior notice.

License

The Shipowner retains all its rights in its content, but by publishing said Content on the Website, the Shipowner gives NAVEGAENBARCO the right to use, reproduce, modify, publish, translate, distribute, publicly , and make derivative actions, on said content, as well as possible tenants.

Photographs and videos

Photographs and videos with watermark of NAVEGAENBARCO are property of NAVEGAENBARCO and may not be distributed without your consent.

NAVEGAENBARCO is the owner of all rights, title and interest in and to the copyright of these images. The rest of the photographs advertised on the Website have been provided by the Owners to be advertised on NAVEGAENBARCO.

Compensation

The Owner (the "Indemnifying Party") will defend and indemnify NAVEGAENBARCO (the "Indemnified Party") against any and all claims, losses, costs and expenses, including reasonable attorneys' fees, that the Indemnified Party may incur as a result from claims in any form by third parties arising from: (a) the Indemnifying Party's suspicious intentions or negligent acts or omissions (including, without limitation, failure to comply with applicable legal and/or regulatory requirements); (b) the Indemnifying Party's breach of any representation, warranty, or covenant set forth herein; (c) the infringement of any third party's intellectual property by any trademark or other intellectual property provided by the Indemnifying Party to the Indemnified Party; and (d) failure of the Indemnifying Party to collect all taxes, fees and charges that may be applicable to the boat rental services offered for sale by the Indemnifying Party.


Reservation Cancellation and Refund Policy

To make a cancellation, renter clients must previously inform Navega en Barco in writing through the User account and the cancellation procedure described on the Website. The cancellation becomes effective when Navega en Barco sends a cancellation confirmation email.


Cancellation policies applied by shipowners:


Cancellation BAD WEATHER

If weather conditions do not allow sailing on the booked day, the parties may jointly decide to delay it; to do so, they must inform Navega en Barco.

Only if the duration of the rental is one day or less, we will refund the total amount of the reservation, excluding the Navega en Barco Commission, and it will be refunded with a VOUCHER valid for two years.


Flexible cancellation

Full refund up to 1 day before pick-up, Navega en Barco commission expenses not included.

The user will be reimbursed the total amount of the reservation. (Boat Sailing Commission not included), if you cancel the reservation at least one day before the pick-up.

If the user decides to end the rental before the date, the days not used will not be refundable.


Personalized cancellation

Refund of up to 60% up to 30 days before collection. Boat Sailing Commission not included.

If the user cancels the reservation at least 30 days before the pick-up, 60% of the total amount of the reservation will be refunded. (Boat Navigation Commission not included)

If you cancel less than 30 days before the pick-up, no refund will be made.

If the user decides to end the rental before of the date, the days not enjoyed will not be refundable.


Semi-flexible Cancellation

Refund of up to 70% up to 10 days before pick-up, Boat Sailing Commission not included.

If the user cancels the reservation at least 10 days before pick-up will be reimbursed up to 70% of the total amount of the reservation. (Boat Navigation Commission not included).

If you cancel less than 10 days before the pick-up, no refund will be made.

If the user decides to end the rental before the date, the days not enjoyed will not be refundable.


Non-Refundable Cancellation

The traveler has a 100% penalty from the moment of the reservation.

If the user cancels the reservation, there is no refund of the reservation.


These will be the cancellation policy to apply unless the owner has a different cancellation policy. In these cases, the shipowner's cancellation policy will be communicated to the lessee together with the confirmation of their reservation and the lessee may cancel their reservation if they do not agree with the shipowner's cancellation policy within a maximum period of 24 hours from the sending of confirmation.


The Lessee of a boat may withdraw from the Reservation under the following circumstances

Between the date of embarkation and disembarkation, the lessee may withdraw from continuing to enjoy the boat rental service. But no amount will be reimbursed and the owner could charge the cost of transferring the boat to the base port, as well as early cancellation expenses.

The withdrawal of the Reservation by the lessee must be communicated in writing, dated and addressed to Navega en Barco (to the email address hola@navegaenbarco.com) and to the service provider (lessor/owner) in the email provided in the booking confirmation.


Security Deposit

Owners may require a security deposit to Rent their Boat. The amount of this security deposit is specified in the Advertisement. In case of omission on the part of the Owner, it is his sole responsibility to set it in common agreement with the Renter. The Professional Owner has the right to demand from the Renter a guarantee deposit in the form of a check, imprint or debit of their bank card or any other form of payment of the amount indicated in the advertisement. Navega en Barco is not responsible in any case for the management of the guarantee deposit under any aspect, especially in case of disagreement between the Owner and the Renter regarding the enforceability of the guarantee deposit. Navega en Barco will not act as a mediator or arbitrator in the event of any dispute between Users.

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