Please read these Terms and Conditions carefully as they contain important Information about your and our rights and obligations when you are using horizenyachting.com (“this site”).
Your attention is drawn in particular to clause 5 (warranty) and clause 6 (liability).
Introduction
“We” are HORIZEN Yachting (Owner of horizenyachting.com) (Company Number ES XXXXXXXX) and our address is:
XXXXXXXX
XXXXXXXX
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España
These terms and conditions are deemed to include our privacy policy and are collectively known as “these Terms”. When you use this Site, you agree to be bound by these terms and conditions. If you do not agree to be bound by these Terms, you may not use this Site. You may print and keep a copy of these terms. They are a legal agreement between us and can only be modified with our consent. We may change these Terms at our discretion by changing them on the Site. The then current version of these Terms will apply whenever you use this Site.
Intellectual Property
The copyright and all other intellectual property rights in this Site (including all trade marks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). You may download material from this Site for the sole purpose of using this Site. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.
The device “horizenyachting.com LOGO” is our trademark. You may not use or copy it without our prior written consent. This Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from this Site, you do so at your own risk.
The details of the properties available on this Site are provided to us by our affiliated estate agents for your information only. We cannot verify these details and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk.
Your Obligations and Conduct
You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site. You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing.
Barring from the Site
We reserve the right to bar users from this Site, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.
Warranty
Whilst we endeavour to ensure that any material available for downloading from this Site is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code. Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error free. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
The information provided on this Site is for general interest only and does not constitute specific advice. Whilst we endeavour to ensure that the information on the Site is accurate, complete and up-to-date we make no warranties or representations that this is the case. We make no warranty or guarantee that the Site or information available over it complies with laws other than those of Spain.
Liability
Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.
We will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
We do not accept any liability for loss of your password or account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.
We accept no liability for any loss suffered as a result of your use of this Site or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law.
We shall not be liable to you for:
– any indirect, consequential, special or punitive loss, damage, costs and expenses
– loss of profit
– loss of business
– loss of reputation
– depletion of goodwill or loss of, damage to or corruption of data
When you use the “contact form” on this Site to enquire about property, your details (including your email address) will be sent by email directly to the estate agent or developer marketing the property or properties that you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that estate agent or developer.
Legal Jurisdiction
Spanish law shall apply to these Terms. You irrevocably agree that the courts of Spain will have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the Spanish courts.
Notices
All notices shall be given:
- to us, by email or by post to HORIZEN Yachting.
- to you, by email to the email address that you provide to us at the point of your registration, as may be amended by you on this Site from time to time.
All notices sent by email will be deemed to have been received on receipt (or, when received on a Spanish national holiday or on a Saturday or a Sunday, the next working day following the day of receipt). All notice sent by post will be deemed to have been received no more than 3 working days after the date of posting.
Customer Feedback
We operate a system to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please write to us at the above address, or e-mail us. Our aim is to acknowledge all customer feedback, however, this cannot be guaranteed.
General
We may from to time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it. Subject to our notifying you to the contrary, any amendments or new content to this Site will be subject to these Terms. These Terms are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). If a court decides that any part of these Terms cannot be enforced, that particular part of these Terms will not apply, but the rest of these Terms will.
A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these Terms shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these Terms.
Payment Terms
Following a rental inquiry on this website, you will receive an email with availability and an offer. To confirm the reservation, a 50% payment of the total amount can be made via bank transfer or Visa/MasterCard. Credit card payments will be facilitated through a secure link provided in a subsequent email. Once the transaction is completed, a second email containing confirmation and the corresponding invoice will be sent.
The remaining 50% payment will be settled during check-in, either in cash or by credit card. The minimum age for making a reservation is 18 years.
Rates
Boat rental rates include VAT, except for second-hand boats where 21% VAT is not incorporated into the purchase price.
Rental with or without skipper
Boats up to 10 meters in length can be rented with or without a skipper. For vessels exceeding 10 meters, hiring a skipper is mandatory. Renting a boat without a skipper requires presenting the necessary permit during check-in and making a deposit ranging from €800 to €3,000, depending on the boat type. The minimum age for renting a boat without a skipper is 18 years.
Rental Schedule
The rental schedule is from 10 am to 8 pm. For safety reasons, night sailing is prohibited, and boats must return to the harbor before nightfall.
Fuel
Fuel costs are not included in the rental price. Boats are delivered with a full tank and must be returned refueled. In the event of refueling difficulties, an estimate of the consumption will be calculated.
Reimbursement Terms
– Weather-related: If weather conditions on the planned day make sailing impossible, the date will be rescheduled. If rescheduling is not feasible, a refund will be issued.
– Breakdowns: In the event of a breakdown, an alternative boat will be offered. If the customer declines, a refund will be processed.
Cancellation Terms
If a customer decides to cancel the reservation, it must be done at least two months (60 calendar days) before the planned rental date. In such cases, an 80% refund of the total reservation amount will be provided, with the remaining 20% designated for administrative costs.
For cancellations communicated between two months (60 calendar days) and one month (30 calendar days) before the planned trip, a 50% refund of the total reservation amount will be issued.
Cancellations made less than one month (30 calendar days) before the scheduled trip will not be eligible for any refund.