The general conditions of use described below are a proposed translation with the aim of making it easier for Users to understand the Service.
The terms defined below shall have the meaning attributed to them in these general conditions whenever they begin with a capital letter, whether used in the singular or plural:
The time used for cleaning, refuelling and checking the check-in and check-out inventory forms part of the Rental period provided for in the contract.
The use of the Service and the Website is subject to these GTU. The GTU constitute a contract governing the relationship between the User and WeSea Boats. They cancel and replace all previous provisions and constitute all of the rights and obligations of WeSea Boats and the User for their purpose. The Parties agree that in the event of any inconsistency between the information on the Website and the GTU, the latter shall prevail.
The User is deemed to give their full and complete acceptance, without reservations, of these GTU from the moment they tick the checkbox “I accept the terms and conditions” when creating their User account or subscribing to an offer.
If this box is not ticked, the User acknowledges that the creation of the User account and use of the Service is neither possible nor valid.
WeSea Boats reserves the right to make changes at any time, which shall take effect from the moment they are published on the Website.
By continuing to use the Website, Users tacitly accept the latest updated version of the GTU.
The Service is a service that connects Owners with Charterers. It is intended to facilitate the Rental of Vessels as well as the management of payments between Users.
Each User understands and accepts that WeSea Boats is at all times a third party to the contract signed between an Owner, Skipper and Charterer. Accordingly, WeSea Boats will not fulfil a User’s obligations on their behalf and will not be held liable for a User’s failure to fulfil their contractual obligations.
Each User undertakes to comply with the terms and conditions set out in the contract issued by the Owner.
Users of the WeSea Boats platform undertake to provide accurate information. WeSea Boats is not responsible for confirming the identity and information provided by Users. In the interests of transparency and fraud prevention, and in accordance with applicable law, WeSea Boats may ask Users to provide an official identity document or other information, or to undergo other checks aimed at verifying Users’ identity and background, including consulting external databases or other sources of information.
The Service is reserved for adult natural persons, emancipated minors with full legal capacity, and legal entities that can comply with these GTU without reservation.
To be able to use their User account, the User must have a valid email address and mobile phone number throughout the period of use of the Service.
To be able to use the Service, the User must first create a User account by following the process described on the Website and/or received by email.
The User is solely responsible for keeping their email and User account access codes confidential. WeSea Boats is not responsible if the Service is used by anyone other than the User or a person authorised by them who has access to their User information and passwords.
In case of loss of User information or misuse of it by third parties, the User undertakes to inform WeSea Boats as soon as possible by email at info@weseaboats.com.
The User undertakes to update their contact details on the Website in the event of any change to their email address and/or mobile phone number.
Any Owner may publish one or more Listings free of charge to offer a Vessel for Rental, subject to the provisions of Article 6.1.1.
Owners undertake to publish Listings in line with the quality of the services offered (in particular price, condition of the boat, etc.).
By ticking the box “I accept the terms and conditions” when creating a User account or when publishing a Listing, the Owner declares that they understand and accept that their Listing may also be published on the websites or mobile applications of one or more companies belonging to the WeSea Boats Group.
Each Owner is responsible for the Content of the Listings published on the site and for the accuracy and truthfulness of the information indicated in their Listing.
Owners are reminded that they must comply with consumer law and, in particular, refrain from any misleading commercial practices, punishable by a maximum penalty of 2 years’ imprisonment and a fine of 300,000 euros (Article L132-2 of the Consumer Code).
The fact that an Owner publishes information that does not correspond to reality constitutes a misleading commercial practice.
It is recalled that the service provided by WeSea Boats is limited to connecting Owners and Charterers. In these circumstances, WeSea Boats is not responsible for the misleading or inaccurate nature of a Listing.
WeSea Boats is not responsible for any User, Vessel or Listing.
The Listing must include at least one photograph of the Vessel and indicate:
In the case of a Rental, the Owner Price is freely chosen by the Owner and includes the WeSea Boats Commission.
The Owner undertakes that the Owner Price shall be at most equivalent to the public price shown on any other platform, publication or on their own website.
The Owner Price must always include the Skipper Price and the Fuel Price so that the initial price is always the final price.
WeSea Boats will show in the Listing published on the Website the Charterer Price corresponding to the total price in euros that the Charterer must pay, including all costs. Price including VAT.
The Owner undertakes to offer only the rental of Vessels covered by insurance for their Rental activities, regardless of the nationality of the User, the intended navigation area and/or the usual home port of the Vessel.
The Owner therefore undertakes to inform their annual pleasure boat insurer of their Rental activity.
The amount of the Charterer Price is kept in a blocked account until actual payment to the Owner or refund to the Charterer.
After receiving the Charterer Price in WeSea Boats’ bank account, WeSea Boats will provide each of the Users with the other User’s personal and contact details. Users undertake to use this information only within the framework of the Rental and not to contact each other directly in the future to enter into a Rental contract.
Each Charterer may rate the Vessel involved in the experience by writing a review and/or giving a rating. Only Rentals actually carried out entitle Users to publish a review.
The review and rating will be published on the public profile of the User concerned.
Owners’ Listings will be ranked according to the quality of the reviews and the frequency of bookings.
Users cannot themselves delete a review written by another User. However, they have the right to reply to reviews.
The User may also inform WeSea Boats of the presence of a review that does not comply with these GTU by sending an email to info@weseaboats.com.
WeSea Boats reserves the right to remove any review that infringes applicable regulations (racist, discriminatory, contrary to good conduct or public order, etc.) at its sole discretion, as well as to delete User accounts in the event of repeated inappropriate reviews.
The User undertakes to:
Each User must personally archive on a storage medium external to the Website any information available on the Website that they may need for the purposes of preserving evidence, accounting, etc.
However, WeSea Boats will make the different versions of the GTU available to Users on the Website from the creation of the User account.
The Owner undertakes to:
The Charterer undertakes to:
The Charterer understands that the highest authority on board the Vessel is the Skipper and that the Skipper will make the final decision.
The Charterer accepts and undertakes to comply with their social and tax obligations depending on their status. To this end, WeSea Boats provides electronic links accessible from the User account, redirecting to administration websites that, where applicable, enable them to comply with these obligations.
The Charterer understands that WeSea Boats is exempt from any advisory obligation and assumes no liability in this respect.
WeSea Boats undertakes to use its best efforts to:
To cancel a booking, Users must first inform WeSea Boats in writing via the User account and follow the cancellation procedure described on the Website.
A cancellation is only effective after WeSea Boats sends an email notifying the cancellation.
In the event of circumstances that constitute a case of force majeure within the meaning of Article 12, any User may request to postpone the booking to a later date or cancel the booking, after having justified such circumstances in writing to WeSea Boats within a maximum of 12 hours after the Trip date.
In the event of a cancellation due to a special weather forecast that prevents going out to sea, WeSea Boats will refund the Charterer, by bank transfer within fifteen (15) days, the total Price paid for the Rental, deducting the WeSea Boats Handling Fees.
The Owner may not request cancellation of an accepted Rental, except in the event of force majeure.
In the event that, for serious personal reasons accepted by WeSea Boats, the Owner cancels a booking, WeSea Boats will endeavour to offer the Charterer an equivalent Vessel for the same period.
If no alternative solution can be found, such cancellation will also be considered justified.
The Charterer will receive a full refund of the Charterer Price within fifteen (15) days by bank transfer.
The Owner will not therefore receive the Owner Price after deduction of the WeSea Boats Commission.
From two abusive or unjustified cancellations onwards, WeSea Boats reserves the right to delete the Owner’s User account in accordance with the conditions of Article 14.
As stated here, financial penalties may apply. The amount due under this heading will be automatically and by operation of law charged by WeSea Boats to the next transaction carried out by the Owner through the Website and the Service.
However, if the cancellation of the booking by the Owner is due to the Charterer’s inability to fulfil their obligations listed in Article 6.1.2, this cancellation will be considered justified.
The Charterer may not in any case demand a refund of the Charterer Price. The Owner will receive the Owner Price after deduction of the WeSea Boats Commission.
The Charterer may cancel the booking at any time before the departure date. The refund conditions and the treatment of payments to the Owner will depend on the payment management method chosen by the Owner in clause 8:
If the Charterer cancels more than fifteen (15) days in advance, 100% of the Owner Price will be refunded. In this case, the Owner will not receive any amount.
If the Charterer cancels less than fifteen (15) days in advance, no refund will be made to the Charterer. The Owner will receive 100% of the Owner Price, minus the WeSea Boats Commission.
If the Charterer cancels more than fifteen (15) days in advance, 100% of the amount paid will be refunded.
If the Charterer cancels between fifteen (15) and zero (0) days in advance, no refund will be made on the amount paid.
Under this option, the Owner will not receive any payment in the event of cancellation by the Charterer, irrespective of the time of cancellation.
If the Vessel does not match the Listing, the Charterer shall inform WeSea Boats before the Rental, providing all possible supporting documents.
The Charterer must decide whether or not to cancel the Rental.
If the Charterer decides to proceed with the Rental, they may not, under any circumstances, request a refund of the Charterer Price for any reason related to that booking.
If the Charterer decides to cancel the Rental, WeSea Boats agrees, on a goodwill basis and without this being interpreted as WeSea Boats accepting any liability, to refund the Charterer in full the Charterer Price within fifteen (15) days after cancellation by bank transfer.
If a breakdown occurs during the Rental and the Charterer decides to cancel, WeSea Boats will refund the Charterer 100% of the Owner Price.
In this case, WeSea Boats will retain only the WeSea Boats Commission and the Owner will not receive any amount.
If a breakdown occurs and the Charterer decides to cancel, WeSea Boats will refund the Charterer the amount charged (WeSea Boats Commission).
Under this option, the Owner will be responsible for directly refunding to the Charterer the remaining amount that was due to be paid on the day of departure.
In any event, WeSea Boats will transfer the Owner Price, after deducting the WeSea Boats Commission, to the Owner.
In certain cases, WeSea Boats may be obliged to cancel a booking (termination of collaboration with an Owner, non-compliance with Users’ obligations, etc.).
WeSea Boats will then do its utmost to offer an equivalent alternative to the Charterer. If this is not possible, the Charterer will receive a full refund of the amounts paid and may not hold WeSea Boats liable in this respect.
Payment of the Charterer Price shall be made for each booking by bank card via the Stripe payment solution integrated into the Website at the end of the booking process. As an exception, and subject to the express agreement of WeSea Boats, the User may pay by bank transfer.
WeSea Boats offers Owners two methods for managing the collection of the Charterer Price:
Under this method, WeSea Boats will only charge the Charterer the WeSea Boats Commission at the time of booking.
The remaining Charterer Price will be paid directly to the Owner by the Charterer on the day of departure.
Under this method, the Owner will not receive any payment in the event of cancellation, irrespective of the time of cancellation.
Under this method, WeSea Boats will charge 100% of the Charterer Price at the time of booking.
Once the Trip has taken place and two (2) days have elapsed without any complaints, WeSea Boats will transfer to the Owner the amount corresponding to the Owner Price, after deducting the WeSea Boats Commission.
In the event of cancellation by the Charterer without force majeure, the Owner will receive the amount corresponding to the Owner Price in accordance with the applicable cancellation policies.
The WeSea Boats Commission will be applied exclusively to the Vessel rental price defined by the Owner in their private area within the website www.weseaboats.com.
To prevent the Commission from being applied to other additional costs, such as the Skipper Price or Fuel Price, the Owner may specify these costs separately on the platform, in accordance with the following rules depending on the type of Vessel and its length:
Llaüts:
Sailing Boats, Catamarans and Gulets:
Motorboats and Powerboats:
Any changes to prices must be made directly in the Owner’s private area on the website.
WeSea Boats reserves the right to verify that the prices indicated comply with the limits established for each type of Vessel and length.
WeSea Boats undertakes to use its best efforts to ensure that the Service and the Website are available 24 hours a day, 7 days a week without interruption, except when modifications or updates are required.
The User must bear in mind that the Website and the Service, like any IT application, are subject to failures, irregularities, errors or interruptions that may be due in particular to connection issues.
Therefore, WeSea Boats does not guarantee the User permanent availability of the Website and the Service.
The User may not in any case hold WeSea Boats liable for such failures, irregularities, errors or interruptions, even if they cause any loss or damage.
WeSea Boats reminds Users that it is not a party to Rental contracts entered into between Users.
In the event of an incident, the User may not hold WeSea Boats liable in any way.
WeSea Boats is not responsible for managing delays or possible dispute resolution between Users.
WeSea Boats is also not responsible for any possible insufficient funds in the Charterer’s bank account.
Subject to the exclusions of liability provided for in these GTU, Users agree that in any event and regardless of the legal basis, WeSea Boats’ liability in connection with the Website or the Service may not, except in the case of gross negligence or wilful misconduct, exceed the total amount billed by WeSea Boats to the User for the Rental that gave rise to the event triggering WeSea Boats’ liability.
Under no circumstances shall WeSea Boats be liable for compensation for indirect damage, even if WeSea Boats has been informed of the possibility of such damage.
The User acknowledges that the Service pricing conditions are based on these limitations and exclusions, without which WeSea Boats would not have entered into any contract.
In addition to the cases provided for in these GTU and in particular in Articles 5.1 and 8, WeSea Boats shall not be liable in the following cases:
In addition, WeSea Boats is not responsible for Users’ compliance with their social and tax obligations according to their status, nor for providing advice to Users in this respect.
The Website may include links to other websites or other Internet sources. WeSea Boats has no control over such websites and external sources. Therefore, WeSea Boats is not responsible for the availability of such websites and external sources and disclaims all liability for the Content, advertising, products, services and any other elements available on or from them.
Furthermore, WeSea Boats is not responsible for any damage or loss, proven or alleged, resulting from or related to access to, the use of, or reliance on the Content, goods or services available on these websites or external sources.
WeSea Boats is only responsible for the hypertext links it creates. Any issues related to a link not created by WeSea Boats must be addressed to the administrator or webmaster of the website in question.
The parties agree that the following constitute cases of force majeure:
WeSea Boats undertakes to keep confidential all information collected when creating the User account.
WeSea Boats undertakes not to use any data obtained from the User for purposes other than the Service and in particular not to sell such data to third parties for commercial purposes, except where required by law or by any administrative or judicial authority.
The User acknowledges that WeSea Boats has the right to suspend access to the Service or to terminate its contractual relationship with the User, or to delete any User account, by operation of law, by simple notification via email and without further formalities, for any reason and in particular:
The User therefore undertakes not to create a new User account.
The User may terminate their User account at any time by simple notification via email to info@weseaboats.com.
However, the User undertakes to maintain and ensure the management of existing or accepted bookings.
As set out in Article 5.2, WeSea Boats may transmit certain personal data to some of its subsidiaries for the following purposes: providing a recommendation service, managing payments between Users, detecting or investigating fraudulent or illegal activities, ensuring compliance with applicable law, which the Owner accepts.
Depending on the choices made when creating the User account, the User may receive commercial offers from WeSea Boats. If the User no longer wishes to receive them, they may object at any time by sending an email to info@weseaboats.com.
WeSea Boats collects some of your personal data in accordance with applicable law and as stated in its Privacy Policy. The User accepts and acknowledges the processing of personal data by using the Website or the application and by registering as a member.
“WeSea Boats” and the logo appearing on the Website are registered trademarks, wholly owned by WeSea Boats. No licence is granted to the User.
WeSea Boats holds the intellectual property rights associated with the Service and the Website, in particular those relating to the software, layout, design, graphic elements, logo and overall look and feel of the Website.
The User is prohibited from infringing in any way the intellectual property rights of WeSea Boats.
Users are solely responsible for the Content and release WeSea Boats from any liability in the event of claims related to the Content for violation of third-party rights and applicable laws, and undertake to indemnify WeSea Boats for any damage that may result and to reimburse WeSea Boats for any damages, costs and in particular legal fees that may arise in this respect.
Each User grants a free, non-exclusive right to reproduce, represent, modify, translate, adapt and sub-license the Content for the duration of the copyright and worldwide, on any other digital, analogue or paper medium, for commercial or non-commercial purposes.
WeSea Boats respects intellectual property rights and requires its Users to do the same.
The User undertakes to respect the copyright of other Users as well as that of third parties, as defined in the Intellectual Property Code.
WeSea Boats reserves the right to deactivate or terminate the account or access of Users who infringe, or are repeatedly accused of infringing, copyright or other intellectual property rights of third parties. WeSea Boats will deal with claims for copyright infringement committed by a User after the User reports them by sending a properly formatted notice of alleged copyright infringement to info@weseaboats.com.
If one or more provisions of the GTU are declared null and void by virtue of a law, regulation or final decision of a competent court, the remaining provisions shall retain their full force and effect, to the extent permitted by such decision. Furthermore, the fact that one of the parties does not invoke a breach by the other party of any of the GTU provisions may not be interpreted as a waiver of its right to invoke such breach in the future.
When accessing the Website, a cookie may be automatically installed and temporarily stored in the User’s memory or hard drive to facilitate navigation on the Website. Cookies store information relating to the use of the Website (such as pages visited, date and time of access, etc.). Users have the right to refuse the use of cookies by configuring their browser accordingly. However, this operation leads to the deletion of all cookies used by the browser, including those used by other websites, which may result in the alteration or loss of some settings or information. Deleting cookies may modify or make it more difficult for the User to navigate the Website.
Publication director’s name: Jordi Julià.
Web hosting provider: Amazon Web Services, http://aws.amazon.com
These GTU are governed exclusively by Spanish law.
WeSea Boats will not be able to consider any claim if there is no contract signed by the Charterer and the Owner.
Claims must be sent to WeSea Boats within 24 hours after taking possession of the Vessel to the address info@weseaboats.com.
WeSea Boats is not a party to the contract binding the Charterer and the Owner; its role is limited to assisting both parties in reaching an amicable agreement.
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