​1. INTRODUCTION

1.1. Website ownership

The present general conditions regulate the terms and conditions of the contracting of the services offered on the website https://www.sailandpowercharters.es (hereinafter the “Website”), owned by the company SAIL AND POWER CHARTERS, part of Marbella Sailing School (hereinafter “Sail and Power Charters”), with registered office at Puerto Deportivo de Estepona, Avenida Virgen del Puerto, Edificio Levante 24B, Estepona, Malaga, 29680.

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1.2. Purpose and scope

The purpose of these General Conditions (hereinafter, the “General Conditions”) is to define the terms by which Sail and Power Charters provides you with the necessary means for contracting the services offered on the Website, and to make available to you the pre-contractual information regarding the possible operations that take place on the Website.

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These General Conditions are complementary to the “Privacy Policy” and the “Cookies Policy” applicable to the Website. Sail and Power Charters may, at any time and without prior notice, modify the Website and, in general, any functionality to make the changes it deems appropriate to ensure its proper functioning.

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Furthermore, Sail and Power Charters also reserves the right to modify these General Conditions, with the General Conditions in force at the time of contracting being applicable. However, these modifications will be effective from their publication on the Website, so that the updating and modification of these General Conditions will always be accessible prior to contracting so that you can know them beforehand and accept them updated, if applicable.

Should any of these General Conditions be declared invalid, void or for any reason ineffective, said condition shall be understood to be excluded without this affecting the validity or enforceability of the rest of the conditions.

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2. GENERAL TERMS AND CONDITIONS

2.1. Contracting formalities

Sail and Power Charters informs you that the procedures for the provision of the services offered are all those described in these General Conditions.

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Specifically, to contract the services offered, you must be over eighteen (18) years of age. To make a reservation it will not be necessary to register in advance, but the data will be entered for the first time in the system at the time of formalising the reservation. During the purchase process, Sail and Power Charters will provide you with all the necessary means to rectify any errors you may make when entering your details.

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For the validation of the booking, it will be necessary that you know and expressly accept the present General Conditions, as well as the Particular Conditions that apply in each case, as part of the conclusion of the contract formalised in English. Sail and Power Charters will store the data constituting proof of conclusion of the contract, which will be always accessible.

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Also, once you have made the booking, Sail and Power Charters will send you an email with the confirmation and proof of purchase, to the address you have indicated for this purpose in the booking process, as soon as possible and always within 24 hours after you have made the purchase. If you do not agree with the details shown on the receipt, you may request their modification or the cancellation of the contract. You may also request an invoice for your purchase by contacting us.

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Users who breach any of the present General Conditions, as well as the corresponding Particular Conditions, or who abuse the various promotions and offers, will not be allowed to contract.

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If communication is required regarding the status and management of the order, or possible incidents, Sail and Power Charters will contact you through the means that you have provided in the booking process.

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2.2. Goods and services offered and prices

All offers of goods and services made available on the Website will include information regarding the essential characteristics of the same, as well as the final prices expressed in EUROS with all applicable taxes, including IVA. Likewise, the management costs or other extras that you will be charged for the purchase of the different services will be provided.

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Notwithstanding the foregoing, Sail and Power Charters reserves the right to decide on the goods and services offered at any time on the Website, and may add new goods and services, which shall be governed by these General Conditions and, where appropriate, the Special Conditions that may apply, unless otherwise expressly provided. Likewise, any of the goods and services may be withdrawn from the Website at any time and without prior notice.

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Likewise, the goods and services offered on the Website will generally be available on the Website, although, given that it is an online platform, it may be the case that during the purchase period the availability is exhausted and, therefore, it may not be possible to proceed to finalise the reservation. In this case, you will be able to process the booking again by substituting the sold-out option or the selected dates for another one that is available.

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2.3. Payment methods

Sail and Power Charters accepts Visa and Mastercard, at this point in time we do not accept American Express. After choosing the payment method, you must follow the instructions that Sail and Power Charters indicates for this purpose, providing the requested information.

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2.4. Representations and warranties of Sail and Power Charters

a) Sail and Power Charters represents, warrants and undertakes that at the time of delivery, the vessel will comply with all applicable laws and regulations of the vessel’s flag state and of any country within the cruising area, including but not limited to the laws and regulations governing charters and any documentation, registration, law or customs regulations, so that the vessel may be lawfully used by the Hirer as hereinafter provided, and that Sail and Power Charters undertakes to deliver to the Charterer a vessel in good working order.

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b) The check-in for delivery and explanation of the boat will start at the time the charter begins.

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2.5. Security deposit – Deduction from the security deposit

The operator has taken out insurance cover for the charter client against all accidental damage including damage to third parties. However, theft or loss of personal belongings of the charter client as well as all persons on board, as well as all accidents of which they may be victims, are excluded from the scope of this insurance.

In the event of any damage, including damage to third parties or theft, the Chartered shall submit a sea report, including, if necessary, a statement with the response of that third party and with full contact details of the third parties and their own insurers, and shall notify the operator immediately. Failure to do so is covered by the provisions of Article 13 “Voluntary non-compliance”.

The insurance cover taken out by Sail and Power Charters includes an excess deposit to be borne by the charter client. The latter therefore remains his own insurer for any loss or damage of any kind, including to third parties, not covered by the insurance, up to the amount of the deposit specified in the special contract conditions.

The charter client can ask Sail and Power Charters for a reduction of this deposit by means of additional optional contractual fees: this extra is mandatory for a skippered charter.

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In all cases, a minimum-security deposit as defined by the specific contract conditions will remain the responsibility of the charter client. The operator will not be required to provide the charter customer with a replacement boat or to pay any compensation in case of immobilisation of the rented boat following accidental damage during the charter.

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2.6. Contract cancellation and changes

a) If the renter cancels more than 60 days before the start of the original rental, the 30% deposit will be forfeited. If the renter has already paid for additional options, Sail and Power Charters will reimburse the renter for these costs.

b) If the renter cancels 59 days or less prior to the start of the original rental, the full rental fee paid to date will be forfeited. If the renter has already paid for additional options, Sail and Power Charters will reimburse the renter for these charges, unless the cancellation occurs within seven days prior to departure. If within seven days, the additional options payment will not be refunded.

c) Changes to the dates and/or boat booked are subject to the prevailing prices

2.7. Force Majeure

a) Sail and Power Charters shall not be liable for any loss, damage or delay or failure in performance hereunder resulting from any force majeure event, including, without limitation, acts of God, fire, action of the elements, epidemics, war (declared or undeclared), warlike actions, insurrection, revolution or civil strife, piracy, civil war or hostile action, strikes or differences with labour, acts of the public enemy, federal or state laws, rules and regulations of any governmental authority having or asserting jurisdiction over the premises or of any other group, organisation or informal association (whether or not formally recognised as a government), and any other cause beyond the reasonable control of Sail and Power Charters which makes the continuation of operations impossible.

b) In the event of a delay or failure in performance based on one of the events described above:

• All payments made for the charter will be used as credit towards a future charters. No refunds will be provided.

• Sail and Power Charters will work with the Client to book a new rental of a different vessel that is agreeable to the Client, at a new location or on new dates, or both, based on availability and the Client's preference. If the parties are unable to book a new charter at that time, the Client's deposit will remain as a credit with Sail and Power Charters and will never expire.

• Sail and Power Charters shall not be liable for any additional costs incurred by the Client as a result of changes to their charter due to a force majeure event.

2.8. Additional delays

a) If on the departure date, the chartered vessel or equivalent is not available for a reason other than a force majeure event, the Charterer is entitled to when available, delay departure date and maintain charter duration.

​b) Client waives any and all claims, damages, debts, liabilities, demands, claims, costs, expenses, interest, demands and/or attorney’s fees as a result of a delay in the charter.

c) Any charter interrupted or shortened, any service not used by the Client, for any reason whatsoever, is non-refundable.

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Terms and Conditions – Cabin Charter

1. These Terms & Conditions contain the entire agreement between Sail and Power Charters and the individual(s) intending to charter the vessel (“Charterer”), (collectively “the parties”), for a cabin charter from Sail and Power Charters with respect to the rights and responsibilities of all parties. Notwithstanding the above, the parties, the Vessel, the period and the price are stipulated in the invoice provided separately. By paying the deposit on the proposed charter, Charterer agrees to the conditions contained herein.

2. All reference to “Charterer” shall include all passengers, including minors, who shall accompany the individual entering into this agreement. The number of passengers shall be provided prior to booking, and a full Passenger List shall be provided at Embarkation (see Section 4 below).

3. Payment schedule.

1. Initial Deposit: 50% of the charter fee, which confirms booking

2. Remaining 30% of the charter fee required 60 days before embarkation.

• Charterer shall be permitted to board and embark on the scheduled charter only under the following conditions:

1. Full payment of any balance due from Charterer; and

2. Completed Passenger List with name, passport number and Date of Birth of all passengers.

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4. The Charter – What to Expect.

4.1. The bathroom is composed of a sink, a shower, with mixer hot and cold water, mechanical or electric toilet. 

4.2. The charter fee includes snacks, cleaning of common areas only, taxes, and all expenses related to the running of the vessel.

4.4.  The day/time of departure and return are included in the duration of the trip provided in the quote by Sail and Power Charters. 

4.5. The charter fee does not include the rental of sports equipment not inventoried by the vessel, off-vessel excursions or meals and drinks, access to WIFI or phone services, nor does it include optional crew gratuities.

4.6. The Vessel does not provide games, media or other entertainment devices.

4.7. Sail and Power cannot guarantee the comfort of the Passengers in case of bad weather conditions, the Captain may have to modify the circuit in order to avoid as much as possible sailing in notorious discomfort conditions.

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5. Add-On Options.

5.1. Bar and beverage inclusions and exclusions vary by destination. Please confirm the terms with Sail and Power Charters prior to Embarkation.

5.2. Excursion packages are available in some charters for an additional fee.

5.3. Charterers are able to add on airport/hotel transfers for an additional fee. Contact Sail and Power Charters for more information.

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6. Warranties and Procedures of Sail and Power Charters 

6.1.  Sail and Power Charters represents, warrants, and covenants that, at Embarkation, the Vessel will comply with all applicable laws and regulations of the Vessel’s flag state and any country within the Cruising Area, including, without limitation, any laws and regulations governing charters and any documentation, registration, or customs laws or regulations, such that the Vessel may lawfully be used by the Charterer as provided hereunder. Sail and Power Charters agrees to deliver to Charterer a boat in good working order.

6.2. Sail and Power Charters reserves the right, at its sole and absolute discretion, to assign a different Vessel for the cruise providing accommodation of similar size and comfort, with the same or similar amenities. 

6.3. Should any excursions or other add-on services offered by Sail and Power Charters be unavailable at the time of the Charter, Sail and Power Charters will endeavor to provide replacement excursions or other add-on services up to the standards of the Charterer for no extra cost to the Charterer. Should Sail and Power Charters be unable to provide replacement services up to the Charterer’s standards, Sail and Power Charters shall refund the Charterer the full value of the excursions or other add-on services. This provision does not include the unavailability of the charter itself, which is addressed below.

7. Responsibilities of Charterer 

7.1.  At check-in and prior to signing the Safety briefing check, Charterer will check that accommodation and equipment is in good working order and up to minimum standards. At this time, Charterer can note with Sail and Power Charters anything it believes contrary or below the standards as set forth in the invoice. Acceptance by Charterer certifies that the obligations of Sail and Power Charters for Embarkation have been fulfilled.

7.2. Charterer is solely responsible for all personal items, tangible and intangible, brought on board the Vessel. Charterer must be very vigilant with electronic devices, telephone, camera, camera, computer, in particular provide waterproof covers when they board a Vessel. Sail and Power Charters advises against bringing valuables or large sums of cash and declines any responsibility in case of theft, damage or loss.

7.3.  Charterer agrees to be responsible for all crew and passengers on under their reservation as the party lead on board and binds crew and passengers to the terms provided herein. If children are taken on board, the Charterer shall be fully responsible for their safety, conduct and entertainment and no member of the crew shall be held responsible for their safety or entertainment.

7.4.  Charterer shall inform Sail and Power Charters at least two weeks prior to Embarkation of any food allergies or dietary requirements and Sail and Power Charters will do its best to accommodate the request.

7. 5.  The Charterer agrees to prohibit the use or possession of any drugs or illegal substances on board the Vessel by any members of his party and will be fully responsible for any loss or damage to the vessel due to any violation of Customs or applicable Drug Acts. If such substances are used by or found in possession of guests, the Captain will put the guests ashore at the next port of call without refund of any charter fees.

7.6. Charterer agrees to carry only up to the number of passengers required by security rules of the boat.

7. 7. Any likeness or image of you or your party aboard your chartered Vessel secured during your charter may be used by Sail and Power Charters without charge in all media for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows, advertisements and the internet.

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8. Rights and Responsibilities of Captain and Crew. 

8.1.  The Captain has the final authority to determine whether any guests above the number of guests previously identified should be permitted on board for any length of time.

8.2. Without prejudice to any other remedy of Sail and Power Charters, if, in the reasonable opinion of the Captain, the Charterer or any of his Guests fail to observe any of the provisions contained herein and if such failure continues after the Captain has given due and specific warning to the Charterer in respect of the same, the Captain shall inform the Sail and Power Charters and Sail and Power Chartersmay terminate the Charter forthwith or instruct the Captain to return the Yacht to the Port of Re-Delivery and upon such return the Charter Period shall be terminated. The Charterer and his guests shall disembark and the Charterer shall not be entitled to be refunded any of the Charter Fee.

8.3. With particular regard to the use of watersports equipment available on the Vessel, the Captain shall have the authority to exclude the Charterer or any or all of his Guests from use of any particular watersports equipment if, in his reasonable opinion, they are not competent, are unsafe, are behaving in an irresponsible manner, or are failing to show due concern for other persons when operating this equipment.

8.4. The Captain will refuse to ship Passengers who do not comply with the regulations of the countries concerned, persons whose disability was not reported at the time of booking, or any Passenger refusing to sign the safety instructions.

8.5. The Captain will disembark any Passenger whose behavior could endanger or seriously inconvenience other Passengers, crew members or the ship or whose state of health would appear to be incompatible with the cruise. The fact of not having detected a possible incompatibility of health does not imply recognition of its acceptance.

8.6. Sail and Power Charters shall provide insurance to cover the chartered boat against loss or damage to the hull, machinery, gear and equipment of the yacht, liabilities to third parties for loss or damage to any other vessel or property whatsoever, loss of life or personal injury. Personal belongings are not covered by the insurance above contract. Additional information is available upon request.

8.7. Charterers are encouraged to obtain trip insurance to cover any losses you may sustain if you must cancel your charter prior to your departure or to cover losses not otherwise covered by the above insurance. Please contact Sail and Power Charters if you need assistance.

9. Contract Cancellation.

9.1. If Charterer cancels the contract more than 90 days prior to original Embarkation date, Charterer will lose 30% of the total charter fee. The remainder of the deposit will be returned within 30 days of notice of cancellation.

9.2. If Charterer cancels between 89 to 60 days before original Embarkation date, Charterer will lose 50% of the total charter fee. The remainder of the deposit will be returned within 30 days of notice of cancellation.

9.3. If Charterer cancels between 59 to 30 days before original Embarkation date, Charterer will lose 75% of the total charter fee. The remainder of the deposit will be returned within 30 days of notice of cancellation.

9.4. If Charterer cancels less than 30 days before original Embarkation date, Charterer will lose 100% of the total charter fee.

9.5. If Charterer has already paid for add-on options, Sail and Power Charters will reimburse Charterer for these expenses.

9. 6.  If Charterer is not present at the time of Embarkation, even if the no-show is caused by flight or other transfer delays, this will be treated as a cancellation of reservation less than 30 days before departure and Charterer will lose its entire charter fee. If the Charterer is delayed due to a Sail and Power Charters – organized airport transfer, this provision is waived and Sail and Power Charters will make all available efforts to get Charterer on board the Vessel in a timely manner.

9. 7.  Charterer has the option to purchase travel insurance to cover any losses Charterer may sustain if the charter is cancelled prior to your departure.

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10. Force Majeure.

10.1. Sail and Power Charters shall not be liable for any loss, damages or delay or failure in performance hereunder resulting from any force majeure event, including but not limited to acts of God, fire, action of the elements, epidemics, war (declared or undeclared), warlike actions, insurrection, revolution or civil strife, piracy, civil war or hostile action, strikes or differences with workmen, acts of the public enemy, federal or state laws, rules and regulations of any governmental authorities having or asserting jurisdiction in the premises or of any other group, organization or informal association (whether or not formally recognized as a government), and any other cause beyond the reasonable control of Sail and Power Charters which makes continuance of operations impossible.

10.2. In the event of a delay or failure of performance based upon an event described above:

1. 1. All payments made towards the charter shall be used as a credit for a future charter. No refunds will be provided.

   2. Sail and Power Charters will work with Charterer to book a new charter on a different Vessel agreeable to Charterer, at a new location, or on new dates, or both, based upon availability and the Charterer’s preference. If the parties cannot book a new charter at that time, Charterer’s deposit will remain as a credit with Sail and Power Charters and will never expire.

10.3. Sail and Power Charters will not be responsible for additional costs incurred by Charterer as a result of changes to their charter due to a force majeure event.

11. Additional Delays 

11.1. If on departure date, the hired boat or equivalent is not available for reason other than a force majeure event, Charterer has the right to the following options, if possible:

1. 1. When available, delay the departure date and maintain charter duration;

   2. Maintain charter end date in invoice and Charterer will be refunded for time the Vessel was unavailable on a prorated basis of charter fee.

11.2. If delay exceeds one quarter of the charter time, Charterer may cancel the agreement with Sail and Power Charters and be refund for charter fee.

11.3. Charterer waives any and all claims, damages, debts, liabilities, demands, costs, expenses, interest, suits and/or attorneys’ fees as s result of a delay in the charter.

11.4. Any interrupted or shortened charter, any service not used by Charterer, for any reason, is not refundable.

12. Governing Laws  

12.1. Governing Laws: Any legal action arising under or in connection with this contract will be adjudicated by laws in Spain.

12.2. Severability. If any provision contained in these Terms & Conditions shall be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision. This Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this agreement.

13. Headings.
Descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.

3. DURATION

The duration of the contract for the provision of services shall be defined in the Particular Conditions that apply in each case, taking into account the nature of the goods and services that are the object of the contract.

4. CUSTOMER SERVICE

Sail and Power Charters puts at your disposal the following free means of Customer Service for the communication of suggestions, doubts, or any type of incident, complaint and/or claim related to the contracting of goods and services through the Website.

• Email:  info@sailandpowercharters.es

• Customer service telephone number:  +34 644 05 36 56

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5. PERSONAL DATA PROTECTION

Sail and Power Charters is responsible for the processing of your personal data obtained through the contracting process, which will be processed for the purposes of:

(i) Manage your booking

(ii) To manage your relationship with Sail and Power Charters.

(iii) If you give your express consent, to send you commercial communications related to the services provided by Sail and Power Charters.

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You may also exercise your rights of access, rectification, deletion, opposition, limitation of processing and portability of your data as well as the right not to be subject to decisions based solely on automated processing contacting us.

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If you need more information about how we process your data, you can consult the Sail and Power Charters Privacy Policy.

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Likewise, in the Particular Conditions that are applicable in each case, the information relating to the different processing of your personal data that is carried out in addition to or differently from what is established in this clause will be determined.

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6. LIABILITY

The supplier declares that it will be solely responsible for guaranteeing the rights of consumers in relation to the goods and services offered on the Website, as well as for everything arising from their purchase or contracting.

7. LEGISLATION AND JURISDICTION

These General Conditions are submitted to Spanish law, without prejudice to the application of mandatory rules of the user’s country of residence. Malaga (Spain) courts shall be competent as regards any claim arising from a visit to the Website or linked to it, without prejudice however to any rights you may have, as a consumer buying products on our Website, under applicable law and in particular Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, of 12 December 2012.

Likewise, if you are a consumer, you will be able to take advantage of the European Union’s online litigation platform, accessible through the website https://ec.europa.eu/consumers/odr

 

UPDATE

These General Conditions may be updated periodically to reflect changes in the use the Site. We will post a prominent notice on the Site to notify you of any significant changes to our General Conditions and will indicate at the bottom of the General Conditions when it was last updated.

Last update: January 2023

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