Ricardo Aquerreta Lecumberri, as an entrepreneur, (hereinafter, VIVABOAT), with Spanish tax ID number 44612110E, and address at C/ L' Estruc, nº 14,1º-1ª 07819 Ibiza, Spain, the person responsible for the website, provides users with this document with which he intends to comply with the obligations set forth in Spanish Law 34/2002, on Information Society Services and E-Commerce (LSSI-CE, as per its acronym in Spanish), and to inform all website users of the terms and conditions to use the website.

Any person using this website assumes the role of user, pledging to follow and strictly comply with the provisions herein as well as any other legal provision that may be applicable.

If in combination with use to the website there is any kind of contractual or legal relationship with Vivaboat, the terms and conditions of that relationship must also be followed.

Vivaboat reserves the right to modify any type of information that may appear on the website as well as these General Terms and Conditions and any Particular Conditions that may complement them, without being required to give prior notice or inform users of these obligations, and it is understood that their publication on the website is sufficient.

1. WHAT IS VIVABOAT?

Vivaboat is set up as the definitive online platform for the pleasure boat rental market, with the dual purpose of providing brokerage services in the management of boat rental bookings (not the provision of the rental service itself) and management of the collection of said rentals, and to serve as a means of establishing relations between the different agents involved in the nautical market, especially boat owners and industry professionals.

The user fully accepts these conditions as well as the Privacy Policy that complements them by simply using or accessing our platform.

The user also accepts that any contracting that takes place on our platform will be carried out directly between the parties involved without Vivaboat intervening or assuming any liability.

Please contact support@vivaboat.com if you should have any queries or concerns.

2. DEFINITIONS

User

Any person who uses Vivaboat.

Lessor

The lessor can be:

• A person who owns one or more boats and makes them available for charter to third parties in exchange for a defined price.
• A charter company, a broker, or an agency acting on behalf of those owners, who have offered them the possibility of using their boat(s).

Lessee

A person or group of persons who charter one or more boats.

Professional

Reference to both professionals and lessors.

Nautical market agent

Jointly refers to professionals and lessors.

3. OBJECT

1. Brokerage of boat leasing

Vivaboat offers lessors the possibility of advertising their boats by means of all the functionalities offered by our platform. With this, Vivaboat can carry out its booking service and, if necessary, manage rental collection.

Vivaboat is therefore established as an intermediary service provider in pleasure boat reservations for tourism or pleasure rentals. The rental is carried out directly between the lessor and the lessees on our platform, without Vivaboat assuming any liability; Vivaboat simply puts both parties in contact with each other in exchange for a small commission, payable by the lessor.

Vivaboat is therefore not responsible for the correct provision of the service, and the lessor is the sole party responsible for this service and its correct provision and guarantee. However, Vivaboat requires all its lessors to comply with standard industry requirements and the lessors may be sanctioned with being blocked from the platform in the event of repeated non-compliance with these requirements.

Vivaboat will also manage the collection of the rental price of the boat, deducting its commission from it. Any additional services purchased by the lessee, as well as the deposit, if it is required, will be paid directly to the lessor, without Vivaboat intervening in the transaction.

The lessee therefore accepts that Vivaboat shall not be liable for any incidents that may occur during use of the boat or for any other setbacks with the lessor. Please also be aware that the lessor may refuse your booking in which case Vivaboat will offer the lessee alternative boats or a full refund of the price already paid or frozen.

Likewise, the lessors shall be solely responsible for the information included on their profiles or that of their boats, and Vivaboat waives any liability in this regard. We are, however, committed to ensuring the accuracy of this information and therefore reserve the right to block any lessors who fail to comply with this accuracy requirement from using the platform.

The rental contract will have the duration specified in the rental reservation form.

Booking

The booking process on Vivaboat involves the following steps:

• Log in to Vivaboat.
• Select a boat and read the applicable terms and conditions.
• Determine dates and extras and fill in the details.
• Choose whether you want to charter privately or to share a boat.
• Confirm the booking details. In the case of boat sharing, you will receive a notification when the group has filled up.
• Obtain confirmation from Vivaboat that the lessor has accepted the booking.
• The boat rental amount or part of the boat rental amount will be credited or frozen immediately.
• Make the outstanding payment or have sufficient money on account (if applicable) on the dates specified by Vivaboat, as indicated in the booking process.
• After receiving the service, Vivaboat may request your feedback on the service for subsequent publication on our platform.

The lessee accepts that the service will be provided exclusively by the lessor in accordance with the contract signed between them and that the lessor will be solely responsible for its fulfilment.

2. Contracting

Contracting or purchasing on Vivaboat will always be offered electronically. Therefore, any contracting or purchasing by this means will be entirely valid.

Payment

Payment will be made at the time of booking or purchasing in full or in instalments, depending on the case. You will see at the time of payment the percentage of the price that will be charged at that time as well as the means and time at which the remaining percentage will be paid.

Any instalments may be charged directly to the card or account number on the dates indicated without prior notice.

The accepted means of payment are: through the payment platform enabled on the platform by Visa, Visa Electron, Master Card, American Express and Diners Club debit or credit card, as well as other channel that may be implemented online. In some cases a part of the price may be paid directly at check-in.

As a payment platform, Vivaboat uses Stripe’s services, whose conditions, fully applicable to the transaction, can be reviewed here:https://stripe.com/es/legal.

In the event of a problem with payment via the website, another means of payment could be provided, such as a bank transfer, so that the client can make the payment within 24 hours from the time of booking or the agreed date of payment.

Cancellations

In the event that the lessee cancel the booking, 20% of the price of the boat will be charged as management fees for each boat and, unless otherwise agreed with the lessor, the following refunds will be made:

• Cancellations at least 30 days prior to the date of departure of the boat: 50% of the rental price (except for 20% of the management fee).

• Cancellations less than 30 days from the boat’s departure date: 0%.

To process a cancellation, please write to support@vivaboat.com.

If it is the lessor who cancels, the lessor must return 100% of the price to the lessee. Vivaboat will do its best to offer the lessee a similar boat.

The following are causes for cancellation of the reservation without the right to any compensation:

• Failure to make payments.
• Recklessness or non-compliance with the rules and legislation in force regarding the use of the boat, including but not limited to: embarking more people than authorised, sailing outside the authorised limits for the boat and related to its licence.
• Failure to present the necessary qualifications to captain the boat when the lessee has not requested a skipper, failure to demonstrate sufficient competence in captaining the boat or failure to show up in a suitable condition for captaining it.

4. Obligations

All users shall be obliged to:

• Provide truthful and accurate information.
• Keep their log-in information, user name and password confidential and not share them with anyone else.
• Provide all the necessary information for the provision of the service, both their own and that of the persons who may accompany them on the boat, when necessary.
• Provide all documentation that may be required relating to qualifications.
• Provide all the documentation about the boats that may be necessary.
• Make payments when instructed to do so and maintain the funds necessary to make such payments in your bank account.

5. Groups

Vivaboat, among others, allows users to create groups to go sailing. This feature allows people who know or do not know each other to look for others to fill up the spots on the boat and by doing so save money.

The user who opens the group will be called the group’s Leader.

The steps in addition to the ordinary booking are:

• The user decides to create a group by assuming the position of the group’s Leader.
• At that time the group will be opened with the free spots on the boat that the leader and the boat’s capacity have defined.
• The rest of the users will be able to join the group.
• Once the group is filled up or closed by the Leader, payment will be made for each spot.
• The boat and boarding details will be confirmed.

The user should take into account the following:

• The boat chosen may be replaced by another with similar characteristics, without the right to any cancellation.
• There will be no possibility of cancellation and users will forfeit the amounts paid in case of no-show.
• Vivaboat is completely independent and waives all liability for any disagreements between members of the group.
• There will be a period of seven (7) calendar days for the group to be filled up. If the group is not filled up the booking will be cancelled at no cost to the users. Vivaboat will do everything possible to ensure that the groups are filled up.

6. Prohibitions

All acts that violate the law, rights or interests of third parties, the right to privacy, data protection, intellectual property, etc. are prohibited. Vivaboat expressly prohibits, among other things, the following behaviours:

• Undertaking actions that may cause any type of damage to Vivaboat's systems or to third parties on the website or through the website by any means.
• Engaging in any kind of unauthorised advertising or providing any commercial information directly or covertly, sending mass mailings, sending messages to large groups with the intention of causing network server failure, engaging in phishing or any other type of malware.
• Vivaboat may at any time interrupt access to its website if it detects any use that is contrary to the law, good faith or these general terms and conditions.

Vivaboat therefore reserves the right to remove any content that breaches these specifications. However, Vivaboat waives liability for any action until it has been requested to do so.

7. Liability

Vivaboat is exempt from any type of liability derived from the information published on its website, provided that this information has been manipulated or introduced by a third party. Likewise, Vivaboat is not liable for any content belonging to a third party that has been included on the website as Vivaboat cannot control or edit that content.

The website may use cookies (text files with small pieces of data that the server sends to the computer of the person accessing the page) to carry out functions that are considered essential for the correct operation and visualisation of the site. The cookies used on the website are temporary in nature and their sole purpose is to make subsequent transmission more efficient; they disappear at the end of the user's session. Under no circumstances will cookies be used to collect personal information.

You may be redirected from the website to content on third party websites. Given that Vivaboat cannot always control the content third parties put on their websites, Vivaboat does not assume any type of liability with regard to this content. Vivaboat declares that it will proceed to immediately withdraw any content that might contravene national or international legislation, morality or the public order, proceeding to immediately eliminate the link to said website, bringing the content in question to the attention of the competent authorities.

Vivaboat is not liable for the information and content stored in forums, chats, blogs, comments, social networks or any other media that allows third parties to publish content independently on the Vivaboat website. However, and in compliance with the provisions of art. 11 and 16 of the LSSI-CE, Vivaboat makes itself available to all users, authorities and security forces, actively collaborating in the removal or blocking of all content that could affect or contravene national or international legislation, third party rights or morality and the public order. In the event that the user considers that there is content on the website that might be susceptible to this classification, he/she is hereby requested to notify Vivaboat immediately.

This website has been checked and tested to ensure that it operates correctly. However, Vivaboat does not rule out the possibility of the existence of certain programming errors or the occurrence of force majeure, natural disasters, strikes, or similar circumstances that make it impossible to access the website.

8. Personal data protection

Vivaboat is deeply committed to complying with Spanish legislation on personal data protection and guarantees full compliance with the obligations set out therein, as well as the implementation of the security measures provided for in the 'REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data', as well as in the 'Spanish Organic Law 3/2018, of 5 December, on Personal Data Protection and guarantee of digital rights (LOPD-GDD, as per its acronym in Spanish)'.

Vivaboat makes its Privacy Policy, available to all users.

9. Intellectual and industrial property

The website, including but not limited to its programming, editing, compilation and other elements necessary for its operation, designs, logos, text and/or graphics, is the property of Vivaboat or, where applicable, it has a licence or express authorisation from the authors. All the content of the website is duly protected by intellectual and industrial property regulations.

However, Vivaboat allows its users or third parties to reproduce the image, logos, texts or graphics included on the Vivaboat website as long as this reproduction is carried out without damaging Vivaboat’s image and good name. If Vivaboat considers that these elements belonging to Vivaboat are being misused, Vivaboat may request their immediate removal. In this respect it should also be clarified that this licence of use is limited to the elements owned by Vivaboat and does not include third party elements that may be on its website.

The designs, logos, text and/or graphics that do not belong to Vivaboat and which may appear on the website belong to their respective owners who are themselves responsible for any possible dispute that may arise with respect thereto. In any case, Vivaboat has the express prior authorisation of the owners.

In the case of photographs and/or videos of the owners and/or users, they grant Vivaboat a non-exclusive worldwide licence without any time limitation for our website’s promotional use.

To make any comments regarding possible breaches of intellectual or industrial property rights, as well as any regarding any of the content of the website, you can do so by writing to the following email: hi@vivaboat.com.

10. Miscellaneous

If any of the terms of these terms of service and purchasing conditions are declared null and void pursuant to current legislation or by virtue of a judicial decision of a court or body with sufficient jurisdiction, its remaining terms will remain in force.

11. Applicable Law and Jurisdiction

All disputes or questions related to this website or the activities carried out therein shall be governed by Spanish law, to which the parties expressly submit themselves, and the Courts and Tribunals of Ibiza shall be competent to resolve all disputes arising from or related to its use.

In the event that any clause of this document is declared null and void, the remaining clauses will remain in force and will be interpreted taking into account the intentions of the parties and the purpose of these conditions. Vivaboat may decide to not exercise any of the rights and powers conferred in this document, which in no case implies their waiver unless expressly recognised by Vivaboat.

As a party of the first part, Ricardo Aquerreta Lecumberri, AS AN ENTREPRENEUR, with Spanish Tax ID number 44612110E, and address at C/ L' Estruc, n°14, 1º-1ª 07819 Ibiza, Spain (hereinafter, Vivaboat). 

And, as a party of the second part, the Lessor, whose details appear in his/her registration profile on Vivaboat (hereinafter, the Lessor).

They state

That the Lessor is the owner or has been assigned the management of the charter of the boats that it has registered or will register in the future on the www.vivaboat.com platform.

That the Lessor is interested in Vivaboat offering the aforementioned boats for rent through its platform to third parties (the lessee), managing the booking thereof and the collection of the rental payments, under the conditions detailed below.

Vivaboat will in no case rent these boats itself. It will only broker the rental between the interested parties.

All boats posted on the Vivaboat platform will be covered by the provisions of this document.

The Lessor declares and guarantees the following:

That it complies with all the applicable legal regulations for the exercise of its activity, in particular those relating to pleasure boat rentals, and that it has all the necessary means to provide the services included in this contract.

Accordingly, the parties have reached the following

Agreements

1. Object

Vivaboat will promote the rental of the boats included by the Lessor for rental to third parties –lessees– over its platform as well as through any type of online marketing campaigns.

2. Assignment of intellectual property/image rights

The Lessor grants Vivaboat all rights to the photographs, videos, texts or any other written, visual, audiovisual, phonographic or any other type of material that the Lessor uploads to Vivaboat and the possibility of using all photographs or videos provided or added to the site to advertise their boats both on the Vivaboat platform and any other space. The Lessor hereby grants Vivaboat a worldwide, non-exclusive, non-time-limited licence to use those materials.

The Lessor guarantees that it owns all rights to the aforementioned materials for distribution and assures that all information is true and accurate, and Vivaboat hereby waives liability for any claims in this respect, for which the Lessor assumes full liability.

3. Relationship with the Lessee

The rental contract for the boats will be concluded solely and exclusively between the Lessee and the Lessor, the latter assuming all liability derived from this contract with the Lessee or with any third party.

Therefore, any dispute between the Lessee and the Lessor shall be resolved by the latter, completely exempting Vivaboat from any liability in this respect. Vivaboat shall also be held harmless against any claim regarding any incident that may occur before, during or after the rental, expressly including problems related to collection, cancellations, changes or refunds, all of which shall be the responsibility of the Lessor, with no direct, joint, several, subsidiary or any other type of liability for Vivaboat in this respect except in relation to errors in the Vivaboat platform that are its responsibility.

The Lessor guarantees that all the information regarding costs and extras to be borne by the Lessee (cleaning, taxes, moorings, insurance, food costs, etc.) given to Vivaboat is also correct, truthful, complete and accurate.

4. Bookings and payments

Vivaboat is hereby authorised by the Lessor to manage all the parts necessary to proceed with managing the boat rental fee collection services that are provided over its platform.

It is also authorised to collect the rental price.

The process will be as follows:

1. Vivaboat will electronically notify the Lessor that a user is interested in renting one of its boats.

2. The Lessor will confirm the availability of the boat for the date in question.

3. From that moment on both parties will be bound by this document, and Vivaboat will immediately be entitled to receive a commission of 20% of the price stipulated by the Lessor.

Once all the above steps have been completed and payment received, the reservation will be considered complete.

In the case of payments by instalment, Vivaboat's commission will be charged first and then the corresponding amount will be paid to the Lessor.

The price will be the amount stipulated and published by the Lessor on the website for each of its boats minus Vivaboat's commission.

Payments to the Lessor will be made to the account indicated by the Lessor in the Vivaboat registration process at the end of each month for that month’s bookings. In certain instalment payments, the second payment may be made in person by the end customer at check-in.

Important Notice: To be able to carry out any type of economic transaction through our platform, the Shipowner must register in Stripe and comply with this payment gateway’s requirements.

Registration in Stripe is an essential condition for registration as a Lessor on Vivaboat.

Vivaboat’s General Terms and Conditions shall apply with regard to booking cancellations.

5. Termination

This contract is of indefinite duration and shall terminate when all of the Lessor's boats have been removed from Vivaboat and all rental bookings already made through Vivaboat have been completed and paid for.

6. Taxes and expenses

The Lessor is solely and exclusively liable for the payment of all taxes and charges applicable to the rental of its boats. The Lessor shall also be liable for compliance with all applicable safety regulations and other legislation.

Likewise, it shall be solely liable for the service provided on board its vessel as well as for the fulfilment of its obligations with the Lessee.

Any expenses generated by the boat, including its maintenance, provision, or any others including mooring, port expenses, repairs, etc., shall be the Lessor’s sole responsibility.

7. Submission to the General Terms and Conditions of Vivaboat

In all matters not covered in this document, Vivaboat’s General Terms and Conditions, which complement these Special Terms and Conditions and are also binding, shall apply.

8. Modifications

Vivaboat may change these Terms and Conditions at any time and without prior notice but will inform the Lessors of those changes. The Lessors may withdraw from the Vivaboat platform once all its obligations, such as rentals or outstanding payments, have been fulfilled.

9. Applicable law and jurisdiction

All disputes or questions related to this document will be resolved in accordance with Spanish law, to which the parties expressly submit themselves, and the Courts and Tribunals of Ibiza will be competent to resolve all conflicts arising from or related to its use.

In the event that any clause of this document is declared null and void, the remaining clauses will remain in force and will be interpreted taking into account the intentions of the parties and the purpose of these conditions. Vivaboat may decide to not exercise any of the rights and powers conferred in this document, which in no case implies their waiver unless expressly recognised by Vivaboat.