Last updated: May 2026

1. IDENTIFICATION OF THE OWNER AND NATURE OF THE PLATFORM

These Terms and Conditions regulate the access, navigation, use and booking of services through the VIVABOAT digital platform.

The platform is owned by:

VIVABOAT SLVAT Number: B22536296Registered address: C/L’Estruc 14, 1º-1ª, 07819 Nuestra Señora de Jesús, Ibiza, Balearic Islands, Spain.

Official domains:

• www.vivaboat.com
• www.vivaboat.es

Contact email:

support@vivaboat.com

VIVABOAT operates as a technology platform and digital marketplace specialized in the nautical and tourism sectors, aimed at facilitating connections between users, boat owners, nautical operators, charter companies, brokers, partners and providers related to nautical experiences and services.

The platform may allow, among other functionalities:

• search and display of vessels;
• booking requests and reservation management;
• private or shared nautical experiences;
• publication of vessels;
• availability management;
• interaction between users and providers;
• contracting of related services;
• and other functionalities linked to the nautical and tourism ecosystem.

Unless expressly stated otherwise, VIVABOAT does not directly operate vessels nor materially provide its own nautical services, acting mainly as a technological intermediary and digital facilitator between the different parties participating on the platform.

The nautical services, vessels, experiences, crews, captains, activities or related services published on the platform may be offered directly by boat owners, operators, charter companies, brokers, partners or other independent third parties, who shall remain responsible for their own specific conditions, operations, regulatory compliance and effective provision of the corresponding services.

Each vessel, experience or provider may establish specific conditions regarding, among others:

• payments;
• bookings;
• cancellations;
• schedules;
• security deposits;
• fuel;
• weather conditions;
• capacity;
• onboard conduct rules;
• boarding requirements;
• extras;
• or specific operational conditions of the service.

Use of the platform implies full acceptance of these Terms and Conditions, as well as any specific conditions applicable to each vessel, experience or provider published on VIVABOAT.

2. DEFINITIONS

For the purposes of these Terms and Conditions, the following terms shall have the meanings indicated below:

a) VIVABOAT

Refers to the technology platform and digital marketplace owned by VIVABOAT SL, aimed at facilitating connection, interaction, intermediation and management of services related to vessels, nautical experiences and activities linked to the nautical and tourism sectors.

b) Platform

Digital environment accessible through the official VIVABOAT domains, including website, technological tools, functionalities, integrations, communications and associated services.

c) User

Any natural or legal person accessing, browsing, using or interacting with the platform, regardless of whether a booking or contract is completed.

d) Customer

A user who requests, books, contracts or participates in a vessel, nautical experience or service offered through the platform.

e) Boat Owner

Any natural or legal person owning, managing, operating or responsible for a vessel published on the platform.

f) Nautical Operator

Any company, professional or entity providing nautical, tourism or maritime-related services linked to vessels, maritime activities or nautical experiences.

g) Provider

Any third party publishing, offering, commercializing or managing services, activities, vessels, experiences or products related to the platform.

h) Broker or Partner

Any natural or legal person collaborating with VIVABOAT in intermediation, customer acquisition, commercialization, promotion or commercial management of services and bookings.

i) Vessel

Any boat, yacht, sailing yacht, catamaran, motorboat, inflatable boat or other nautical craft published on the platform.

j) Booking

Any request, pre-booking or confirmed booking made by a user regarding a vessel, experience or service offered through the platform.

k) Nautical Experience

Any activity, service, excursion, event, charter, trip or experience related to the nautical or maritime environment.

l) Shared Experience or Shared Booking

A participation model through which several users may share the same vessel, nautical experience or activity organized or facilitated through the platform, subject to the specific conditions applicable in each case.

m) Specific Conditions

Specific conditions established by each boat owner, operator or provider regarding a particular vessel, experience or service published on the platform.

n) Third-Party Services

Services, tools, integrations, platforms or functionalities provided by entities other than VIVABOAT, including technology providers, payment systems, social media platforms, analytical tools, nautical operators or other external collaborators.

o) User Account

Personal area or profile created within the platform allowing access to certain functionalities, communications, bookings or services associated with VIVABOAT.

3. PURPOSE AND SCOPE OF APPLICATION

These Terms and Conditions regulate:

• access;
• navigation;
• use;
• registration;
• interaction;
• booking;
• contracting;
• and participation in the services, functionalities and contents offered through the VIVABOAT platform.

These Terms and Conditions shall apply to all users accessing or using the platform, regardless of whether they complete a booking or contract.

Likewise, these Terms regulate the relationship between:

• VIVABOAT;
• users;
• customers;
• boat owners;
• nautical operators;
• brokers;
• partners;
• providers;
• and third parties interacting within the platform ecosystem.

Accessing, browsing or using the platform implies full and unconditional acceptance of these Terms and Conditions, as well as any other specific conditions, policies or legal notices that may apply.

Certain vessels, experiences, activities or services published on the platform may be subject to specific conditions established directly by the corresponding boat owner, operator, provider or third party responsible for the service.

Such specific conditions may regulate, among others:

• prices;
• payments;
• deposits;
• cancellations;
• security deposits;
• schedules;
• weather conditions;
• fuel;
• capacity;
• boarding requirements;
• onboard conduct;
• extras;
• or specific operational conditions of the contracted service.

In the event of conflict between these Terms and Conditions and the specific conditions applicable to a particular vessel or service, the latter shall prevail with respect to those aspects specifically regulated therein, unless otherwise required by applicable law.

VIVABOAT may modify, update, expand or adapt these Terms and Conditions at any time in order to comply with:

• legislative or regulatory changes;
• technological developments;
• new functionalities;
• new business lines;
• integrations with third parties;
• operational modifications;
• or organizational and commercial needs of the platform.

Modifications shall become effective from the moment they are published on the platform unless expressly stated otherwise.

4. PLATFORM OPERATION

VIVABOAT operates as a technology platform and digital marketplace aimed at facilitating the search, display, comparison, request, booking and management of vessels, nautical experiences and services related to the nautical and tourism sectors.

Through the platform, users may, among other functionalities:

• browse available vessels and experiences;
• request information;
• contact boat owners, operators or providers;
• manage booking requests;
• participate in private or shared experiences;
• make payments or deposits;
• access certain digital functionalities;
• and use tools related to the management of bookings and nautical experiences.

The vessels, services and experiences published on the platform may be offered directly by:

• boat owners;
• nautical operators;
• charter companies;
• brokers;
• partners;
• external providers;
• or independent third-party collaborators.

The availability, characteristics, prices, photographs, descriptions, specific conditions and other information published regarding each vessel or service may be provided directly by the corresponding responsible third parties.

VIVABOAT may carry out review, moderation, support, intermediation, technological management or commercial assistance activities regarding certain contents or booking processes, without this implying the assumption of the role of direct operator of the published services unless expressly stated otherwise.

Bookings made through the platform may be subject to:

• validation;
• confirmation;
• acceptance;
• availability;
• payment verification;
• operational checks;
• or express acceptance by the corresponding boat owner, operator or responsible provider.

VIVABOAT does not guarantee the permanent availability of all vessels, experiences or services published on the platform.

Likewise, certain experiences or booking modalities may allow shared participation by several users in the same vessel or nautical activity, subject to the specific conditions applicable in each case.

The platform may allow certain modalities of shared experiences, shared bookings or joint participation in vessels and nautical activities, facilitating participation by several users in the same experience under the specific conditions applicable in each case.

In certain cases, the platform may provide functionalities related to group organization, seat management, participant coordination or economic distribution of amounts linked to the same nautical booking or experience.

Participation in shared experiences may be subject to specific requirements established by the corresponding boat owner, operator or provider responsible for the vessel or activity.

The platform may incorporate functionalities, integrations, technological tools, automations, payment systems, analytical tools, electronic communications, third-party services or future functionalities linked to the evolution of the VIVABOAT ecosystem.

5. USER REGISTRATION AND ACCOUNTS

Certain functionalities of the platform may require prior registration of a user account.

Users undertake to provide truthful, updated, complete and accurate information during registration, booking, contracting or use of the platform.

VIVABOAT may request additional information, verifications or documentation whenever reasonably necessary for reasons related to:

• security;
• fraud prevention;
• regulatory compliance;
• booking validation;
• boarding operations;
• prevention of abusive use;
• or proper provision of services.

Users shall be responsible for properly safeguarding their access credentials, passwords and authentication data, undertaking not to share them with third parties or allow unauthorized access to their accounts.

Any activity carried out from a registered account shall be presumed to have been performed by its holder unless proven otherwise.

Users undertake to use the platform lawfully, diligently and in accordance with these Terms and Conditions. The following actions are prohibited, among others:

• using false identities;
• impersonating third parties;
• providing fraudulent information;
• making fictitious bookings;
• altering the functioning of the platform;
• introducing malware or malicious code;
• scraping, automated extraction of data or use of unauthorized bots;
• interfering with security systems;
• using the platform for unlawful purposes;
• or carrying out activities contrary to good faith, applicable law or the legitimate interests of VIVABOAT or third parties.

Use of the platform is restricted to persons of legal age with sufficient legal capacity under applicable law.

VIVABOAT may suspend, restrict, cancel or temporarily or permanently limit user accounts, access, bookings or functionalities where there are reasonable indications of:

• breach of these Terms and Conditions;
• fraud;
• abusive use;
• security risks;
• unlawful activities;
• operational conflicts;
• repeated complaints;
• inappropriate conduct;
• or use contrary to the proper functioning of the platform.

Suspension or cancellation of accounts may be carried out without entitlement to compensation where legitimate reasons related to security, regulatory compliance, protection of third parties or integrity of the platform exist.

6. BOOKINGS AND CONTRACTING

Booking requests made through the platform shall be subject to availability, validation and acceptance by the corresponding boat owner, operator, provider or person responsible for the published vessel or experience.

Submitting a booking request does not automatically imply definitive confirmation of the booking unless expressly indicated on the platform or by the corresponding responsible provider.

Bookings may be formalized through different operational models available on the platform, including, among others:

• instant bookings;
• booking requests;
• bookings subject to validation;
• private experiences;
• shared experiences;
• negotiated bookings;
• or specific modalities defined by the corresponding provider or boat owner.

Each vessel, experience or provider may establish specific conditions regarding:

• prices;
• payments;
• deposits or advance payments;
• cancellations;
• security deposits;
• fuel;
• weather conditions;
• schedules;
• capacity;
• boarding requirements;
• conduct rules;
• extras;
• included services;
• or any other operational condition applicable to the contracted service.

Such specific conditions shall be displayed to the user during the booking or contracting process and shall be binding upon the parties involved.

Payments made through the platform may be managed through external providers specialized in electronic payment services, including Stripe or equivalent tools.

VIVABOAT may act exclusively as a technological intermediary in the management of certain payments, deposits, bookings or communications between users and providers, without necessarily assuming the role of direct provider of the contracted nautical service.

Bookings may require:

• operational validations;
• manual confirmations;
• identity verifications;
• availability checks;
• acceptance of specific conditions;
• or compliance with specific requirements established by the corresponding boat owner, operator or responsible provider.

In certain cases, bookings may include modalities of shared participation between several users in relation to the same vessel or nautical experience, subject to the specific conditions published for each case.

VIVABOAT does not guarantee the permanent availability of vessels, prices, schedules, conditions or services published on the platform, and modifications may occur due to operational availability, weather conditions, maintenance, technical incidents, decisions of the responsible provider or circumstances beyond the control of the platform.

Contracting services through the platform implies acceptance of:

• these Terms and Conditions;
• the applicable specific conditions;
• the policies published on the platform;
• and any specific requirements linked to the corresponding vessel, experience or provider.

7. PAYMENTS, PRICING AND INVOICING

The prices, amounts, deposits, advance payments, rates, extras, security deposits, operational costs or economic conditions applicable to each vessel, experience or service shall be those published on the platform or communicated by the corresponding boat owner, operator, provider or responsible third party in each case.

Unless expressly stated otherwise, prices may not include:

• fuel;
• skipper or captain;
• moorings;
• port fees;
• catering;
• extras;
• water toys;
• complementary services;
• gratuities;
• or any other additional concepts associated with the contracted experience.

Each vessel or provider may establish its own specific conditions regarding, among others:

• deposits or advance payments;
• partial payments;
• split payments;
• payments at the port;
• security deposits;
• refund conditions;
• operational expenses;
• or specific financial requirements applicable to the contracted service.

Payments made through the platform may be managed through external providers specialized in electronic payment services, including Stripe or equivalent tools.

VIVABOAT may act exclusively as a technological intermediary in the management of certain payments, deposits or collection processes linked to bookings made through the platform.

Certain payments may be subject to:

• security verifications;
• anti-fraud validations;
• operational checks;
• availability;
• acceptance by the responsible provider;
• or compliance with specific requirements established for each service.

The amounts displayed on the platform may be modified due to:

• availability;
• seasonality;
• operational changes;
• updates made by the boat owner or provider;
• market fluctuations;
• typographical errors;
• technical incidents;
• or circumstances beyond VIVABOAT’s control.

Unless expressly stated otherwise, the reference currency of the platform shall be the Euro (€), although approximate conversions or informative references in other currencies may exist.

Users shall be responsible for providing valid, updated and legitimate payment information during contracting processes.

In the event of rejection, cancellation, reversal, bank refund, chargeback, fraud or incidents related to payment methods, VIVABOAT may:

• suspend bookings;
• block accounts;
• cancel services;
• limit functionalities;
• or adopt reasonable measures aimed at protecting the security of the platform and third parties involved.

Invoices, receipts or financial documents related to the main nautical service, vessel or contracted experience shall be issued directly by the corresponding boat owner, operator or provider responsible for the contracted service, unless expressly stated otherwise.

Applicable taxes, including VAT or any other taxes that may be required under applicable law, shall be applied where appropriate in each case.

In certain cases, the platform may use split payment systems, automated payment solutions or marketplace payment systems through specialized external providers, allowing the automatic distribution of amounts between boat owners, operators, providers and VIVABOAT according to the applicable financial conditions in each case.

Unless expressly stated otherwise, VIVABOAT shall invoice exclusively the amounts corresponding to its intermediation, marketplace, technological management or commission services associated with the use of the platform.

Boat owners, operators or providers may access, review and download invoices and financial documentation corresponding to intermediation commissions generated through their respective dashboards, tools or private areas enabled within the platform.

8. CANCELLATIONS, MODIFICATIONS AND WEATHER CONDITIONS

Each vessel, experience, boat owner, operator or provider may establish its own specific conditions regarding:

• cancellations;
• refunds;
• modifications;
• date changes;
• rescheduling;
• weather conditions;
• force majeure;
• schedules;
• vessel substitutions;
• or any other operational condition related to the contracted service.

Such specific conditions shall be communicated during the booking or contracting process and shall apply specifically to each service.

Requests for modifications, date changes, substitutions, extensions or cancellations may be subject to:

• availability;
• acceptance by the responsible provider;
• additional costs;
• operational conditions;
• or limitations derived from the nature of the contracted service.

Weather conditions, sea conditions, maritime safety, port restrictions or technical and navigation criteria may affect the development of certain nautical experiences or bookings.

Passenger, crew, vessel and navigation safety shall always take priority.

In the event of adverse weather conditions, technical incidents, force majeure events, administrative restrictions, captain decisions, safety criteria or circumstances beyond the control of VIVABOAT or the corresponding responsible provider, the following may occur:

• cancellations;
• modifications;
• delays;
• route changes;
• vessel substitutions;
• rescheduling;
• operational limitations;
• or partial or total suspension of the service.

The final assessment regarding the feasibility, safety or suitability of navigation shall correspond to the captain, boat owner, operator or person responsible for the vessel according to technical, regulatory and maritime safety criteria.

Depending on the specific conditions applicable to each vessel or provider, certain incidents may result, among other options, in:

• rescheduling;
• date changes;
• vouchers;
• partial refunds;
• full refunds;
• equivalent alternatives;
• or reasonable operational solutions.

Whenever possible, VIVABOAT shall act as a communication and intermediation facilitator between the parties in order to attempt to manage incidents, modifications or reasonable solutions arising from cancellations or operational circumstances.

However, unless expressly stated otherwise, VIVABOAT does not guarantee specific weather conditions, sea conditions, absolute availability or uninterrupted execution of all services published on the platform.

9. USER OBLIGATIONS AND RESPONSIBILITIES

Users undertake to use the platform, vessels, nautical experiences and contracted services responsibly, diligently, in accordance with applicable law and respecting these Terms and Conditions as well as the specific conditions corresponding to each vessel or provider.

Users shall be responsible for:

• providing truthful and updated information;
• complying with boarding requirements;
• respecting the instructions of the captain, crew, boat owner or responsible operator;
• acting appropriately and respectfully;
• complying with maritime and safety regulations;
• and correctly using the vessels, facilities, equipment and contracted services.

Users undertake not to:

• carry out unlawful activities;
• endanger the safety of passengers or crew;
• cause damage to vessels or equipment;
• transport illegal substances;
• engage in violent, dangerous or inappropriate conduct;
• access restricted areas;
• exceed the maximum authorized number of passengers;
• or fail to comply with reasonable instructions given by the captain or person responsible for the vessel.

The consumption of alcohol, tobacco or other substances may be subject to the specific conditions established by each boat owner, operator or provider, as well as applicable maritime regulations and safety criteria.

The captain, boat owner or responsible operator may limit, cancel, suspend or terminate an activity, boarding process or navigation whenever reasonable grounds related to:

• safety;
• inappropriate behavior;
• regulatory non-compliance;
• risks to passengers or crew;
• intoxication;
• substance consumption;
• dangerous conduct;
• or breach of applicable conditions,

exist.

Users shall be liable to the corresponding responsible provider for damages, losses, sanctions, costs or liabilities arising from actions attributable to themselves or to persons participating under their booking or group.

Certain experiences or vessels may require specific conditions regarding:

• minimum age;
• identification documents;
• nautical licenses;
• physical conditions;
• medical limitations;
• acceptance of risks inherent to maritime activities;
• or compliance with safety protocols.

Users shall be responsible for reviewing and complying with the specific conditions applicable in each case before participating in the corresponding experience or navigation.

10. VIVABOAT LIABILITY

VIVABOAT acts primarily as a technology platform, digital marketplace and intermediary between users, boat owners, nautical operators, providers, brokers, partners and third parties related to the services and experiences published on the platform.

Unless expressly stated otherwise, VIVABOAT does not directly operate vessels, does not materially provide its own nautical services and does not act as owner, captain, maritime operator or direct provider responsible for vessels or services offered by independent third parties through the platform.

Information, availability, photographs, characteristics, prices, specific conditions, services, capacities, permits, licenses, schedules and other content related to vessels or experiences may be provided directly by the corresponding responsible boat owners, operators or providers.

VIVABOAT shall make reasonable efforts aimed at keeping the platform updated and operational, but does not guarantee:

• permanent platform availability;
• total absence of errors;
• absolute availability of vessels or services;
• uninterrupted continuity;
• complete accuracy of contents provided by third parties;
• absence of technical incidents;
• or the absence of circumstances beyond its control.

VIVABOAT shall not be liable for:

• cancellations resulting from decisions of the boat owner, operator or captain;
• weather-related incidents;
• port restrictions;
• sea conditions;
• force majeure;
• breaches attributable to third parties;
• errors provided by providers;
• damages arising from users’ actions;
• technical interruptions;
• connectivity problems;
• services directly provided by third parties;
• or circumstances beyond its reasonable control.

Decisions related to:

• navigation;
• maritime safety;
• boarding;
• operational conditions;
• viability of departure;
• capacity;
• or material execution of the service,

shall correspond to the corresponding captain, boat owner, operator or responsible provider according to technical, regulatory and maritime safety criteria.

VIVABOAT may act as a facilitator of communication, support, intermediation or commercial assistance between the parties whenever reasonably possible, without thereby assuming direct responsibility for the material execution of the contracted services.

Users acknowledge that certain nautical experiences, activities or services involve inherent risks related to the maritime environment, navigation and weather conditions, accepting participation under their own responsibility in accordance with applicable conditions and regulations.

Nothing contained in these Terms and Conditions shall limit any non-waivable rights granted under applicable consumer protection laws or mandatory legal liability provisions.