GENERAL CONDITIONS OF USE

1. PURPOSE

The purpose of this document is to establish the General Conditions of Use of the website www.navegasintitulo.com (hereinafter the Portal), owned by Jorge Cesar Fuste Sanchez (hereinafter the Portal owner), with address at Puerto de Aiguadolç, Stiges Barcelona, 08870 (Spain) and contact details info@navegasintitulo.com.

The owner of the Portal reserves the right to modify these General Conditions of Use in order to adapt them to current legislation applicable at all times, new case law and standard market practices.

These General Conditions of Use do not exclude the possibility that certain portal services, due to their particular characteristics, may be subject, in addition to the General Conditions of Use, to their own particular conditions of contract (hereinafter the Special Conditions of Contract).

The use by the User of any of the Services of the portal implies his adhesion and express acceptance to all the General Conditions of Use in the version published in the present website at the moment in which the user accesses the portal, as well as to the Particular Conditions of Contracting that, in its case, are applicable.

2. CONDITIONS OF ACCESS AND USE OF THE PORTAL

2.1. User Status

The acceptance of the general conditions with the use of any Service of the Portal attributes the Condition of User of the same one.

In general, it is not necessary for the User to register in order to access the Portal Services. However, the contracting of certain Services (of which prior information will be provided on the website) is conditional upon the User’s prior Registration. This registration, when mandatory, shall be made in the manner expressly indicated in the Service itself or in the applicable Particular Conditions.

2.2. Use of the Portal and its services

The User acknowledges and accepts that the use of the contents and/or services offered by the owner of the portal shall be at his/her sole risk and/or responsibility.

The User agrees to use the Portal and all its content and Services in accordance with the provisions of the law, morality, public order and these General Conditions of Use, and the Special Conditions that, where appropriate, are applicable. Likewise, the user undertakes to make appropriate use of the services and/or contents of the Portal and not to use them for illicit or criminal activities that violate the rights of third parties and/or infringe the regulations on intellectual and industrial property, or any other applicable legal regulations.

The User undertakes not to transmit, introduce, disseminate and make available to third parties any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these General Conditions of Use and, where appropriate, the Special Conditions that may be applicable.

3. INTELLECTUAL AND INDUSTRIAL PROPERTY

The contents, elements and information that the user can access through the portal are subject to industrial and intellectual property rights of the owner of the portal. Consequently, access to these contents or elements does not grant the User the right of alteration, modification, exploitation, reproduction, distribution or public communication or any other right that corresponds to the holder of the affected right.

The User shall refrain from deleting the signs identifying the rights (intellectual, industrial or any other) of www.navegasintitulo.com of third parties that appear on the Portal and in each of the various Services offered through it. Likewise, the User shall refrain from evading or manipulating any technical devices established by the owner of the portal or by third parties, whether in the Portal, in any of the Services or in any of the materials, elements or information obtained through the same, for the protection of their rights.

4. EXCLUSION OF WARRANTIES. RESPONSIBILITY

4.1. Availability and Continuity of the Portal and Services

The owner of the portal does not guarantee the availability, access and continuity of the operation of the Portal and its Services.

The owner of the Portal shall not be liable, within the limits established in the current legal system, for damages caused to the User as a result of the unavailability, access failures and lack of continuity of the Portal and its Services.

4.2 Contents and Services

The owner of the portal shall be solely and exclusively liable for the Services it provides itself and for the contents directly originated. Such liability shall be excluded in cases of force majeure or in cases where the configuration of the User’s equipment is not adequate to allow the proper use of Internet services provided by the owner of the portal.

4.3. User Behavior

The owner of the portal does not guarantee that the Users of the Portal use the contents and/or services of the same in accordance with the law, morality, public order, nor the present General Conditions and, if applicable, the Particular conditions that may be applicable. Likewise, it does not guarantee the truthfulness and accuracy, completeness and/or authenticity of the data provided by the Users.

The owner of the Portal shall not be liable, indirectly or subsidiarily, for damages of any nature arising from the use of the Services and Contents of the Portal by the Users or that may arise from the lack of truthfulness, accuracy and/or authenticity of the data or information provided by the Users, or the impersonation of a third party carried out by a User in any kind of action through the Portal.

5. CONTRACTING WITH THIRD PARTIES THAT MAY ADVERTISE ON THE PORTAL.

The User acknowledges and accepts that any contractual or extra-contractual relationship with third parties contacted through the Portal, as well as their participation in contests, promotions, purchase and sale, rental of goods or services, are understood to be solely and exclusively between the User and the advertiser and/or third party.

Consequently, the User accepts that the owner of the portal has no liability whatsoever for damages of any nature caused by reason of its negotiations, conversations and/or contractual or extra-contractual relations with advertisers or third parties contacted through the Portal.

6. TECHNICAL TEXTUAL LINKING DEVICES

The Portal provides users with technical linking devices and search tools that allow them to access web pages owned by other entities (textual links).

The user acknowledges and accepts that the use of the contents of the linked web pages shall be at his/her sole risk and responsibility and exonerates the owner of the portal from any responsibility for the technical availability of the linked web pages, the quality, reliability, accuracy and/or veracity of the services, information, elements and/or contents to which the client may have access in the same and in the search directories included in the Portal.

The owner of the portal will not be liable indirectly or secondarily for damages of any nature arising from a) the operation, unavailability, inaccessibility and lack of continuity of the linked web pages and/or search directories available; b) the lack of maintenance and updating of the contents and services contained in the linked web pages; c) the lack of quality, inaccuracy, unlawfulness, uselessness of the contents and services of the linked web pages.

7. DURATION AND TERMINATION

The provision of the services and/or contents of the Portal has an indefinite duration. Notwithstanding the foregoing, the owner of the portal is entitled to terminate, suspend or interrupt unilaterally, at any time and without prior notice, the provision of the service and the Portal and / or any of the services, without prejudice to what had been provided in this regard in the relevant special conditions.

8. LAW AND JURISDICTION

All matters relating to the Portal are governed by Spanish Law and are subject to the jurisdiction of the Courts and Tribunals of Sant Pere de Ribes, Barcelona.

GENERAL TERMS AND CONDITIONS

1. PURPOSE

These General Conditions regulate the contracting that you make through the web page of www.navegasintitulo.com (hereinafter, the “Portal”) and will be incorporated to your nautical lease contract (hereinafter, the “Contract”) at the end of the Contracting Process, being obliged from that moment on to comply with the stipulations of the same.

The owner of the portal may modify these General Conditions at any time. The modifications made shall not affect, in any case, the contracts that have been made prior to the approval of such modifications, which shall be governed in any case by the General Conditions in force at the time the contract was made. It is the customer’s responsibility to be familiar with the General Terms and Conditions in force at the time of the beginning of the Contracting Process.

These General Conditions may be supplemented or modified by special clauses or specific conditions for certain services.

2. DESCRIPTION OF THE SERVICE

The owner of the portal through its platform offers users, under the terms indicated in these conditions, the information and the possibility of hiring the rental of boats in exchange for a price and for a certain period of time. The purpose of the boat rental is exclusively sport or recreational.

Boats for rent can be motor or sail, without the need for a license, except for certain boats where a license will be required, subject to prior information. The website also offers activities such as; “Sitges cruise on board a sailboat” and “Sunset”.

Only those Registered Users over sixteen (16) years of age and who have sufficient legal capacity to be bound by these Particular Conditions may contract the Services, although for minors under 16 years of age, for the purposes of payment of the Services, they must have the due authorization of the person who holds their parental authority or guardianship.

3. CONTRACTING PROCESS

The contracting of the Services on the web site is carried out through the section

“Prices”, within the two modalities; “Boats without title”, “Boats with title”.

Once we make the selection we want to hire, the portal will show us the availability of the boats with the corresponding information.

In order to contract the services offered on the website, you must fill in a

“Pre-booking form”.

The availability, price and specific conditions for the realization of each boat or activities offered, will be detailed in the online platform.

The contracted service is personal and non-transferable, unless expressly authorized by the owner of the portal or the person in charge of giving the course, or in cases where the courses have been contracted as gift vouchers.

These Special Conditions do not grant Registered Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Web Site and/or its contents other than those expressly provided herein. Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted for that purpose by the owner of the website and platform or the third party owner of the rights affected.

The use of such elements, their reproduction, communication and/or distribution for purposes other than the Registered User’s personal training, as well as their modification, alteration or decompilation is strictly prohibited. For any use other than those expressly permitted, it will be necessary to obtain the prior written consent of the owner of the rights in question. In case of suspicion of illicit reproduction of the materials for the realization of the contracted course, the owner of the Portal and the Platform and/or the third party owner of the same reserve the right to initiate the legal proceedings deemed appropriate.

4. PRICES AND METHOD OF PAYMENT.

Rental prices are detailed on the website before starting the pre-reservation process. VAT is included in all our prices.

Once the User completes the pre-reservation form confirming the contracting of the service, he/she will be notified of the availability of the boat, and if so, the payment will be charged to the account.

The price must be paid according to the type of boat and as published on the website at the time of hiring.

The Registered User will be required to provide his/her card number, expiration date and a secure verification code found on the front or back of the card, as well as the cardholder’s name and address for the purpose of verifying the cardholder’s information with the financial institution.

In any case, the Registered User is recommended to check if the final price shown on the screen prior to the confirmation of the contracting process corresponds to the rates included in the course he/she wishes to take. In the event of any discrepancy, the rates contained in the previous contract confirmation screen will prevail.

5. DEPOSIT

At the time of booking, a deposit will be requested, which will be returned to the lessee after having enjoyed the service and having verified that the boat is in good condition.

Notwithstanding the foregoing, the deposit shall not be refunded to the lessee in the event that the vessel has been damaged or defective due to the fault or negligence of the lessee.

6. OBLIGATIONS AND RESPONSIBILITY OF THE USER OR CONSUMER.

The lessee is obliged to pay the expenses derived from the damages caused to the vessel, when such damages have been caused by his fault or negligence. Damage caused through no fault of the user or due to force majeure shall be covered by the insurance.

The user shall be personally liable for any penalties and fines imposed for non-compliance with any law, regulation or rule during the time he/she uses the vessel.

7. LIABILITY OF THE LESSOR

The responsibility of the lessor (the owner of the portal), is limited only to the provision of the boat for use in perfect working order and in accordance with the stipulations set forth in this contract.

If upon arrival of the date agreed in the reservation, the lessor is late in delivering the boat or in making it available to the user, the lessor shall pay the user the amount agreed for this purpose or, failing that, an amount proportional to the delay caused.

If the delay is more than 48 hours, in addition to the compensation, the tenant may terminate the lease or extend it for the time of the delay. In the event of a resolution, the refund of all amounts paid would be due.

The above provisions shall not be binding when the delay is due to force majeure.

Under no circumstances shall the lessor be liable to the lessee and third parties for any damage, injury or loss of personal belongings occurring during the use of the vessel by the customer.

8. CANCELLATION OF THE RESERVATION.

If the reservation is cancelled due to weather or bad sea conditions, the date will be changed to perform the activity when conditions permit or the payment and deposit made for the reservation will be refunded.

9. ACTIONS IN CASE OF NON-COMPLIANCE.

The owner of the website reserves the right to exercise all actions available at law to demand the responsibilities arising from the breach of any of the provisions of these Special Conditions by a user or consumer.

10. PARTIAL NULLITY.

The declaration of any of these Conditions as void, invalid or ineffective shall not affect the validity or effectiveness of the remaining Conditions, which shall continue to be binding between the parties. The waiver by any of the parties to demand at any given time the fulfillment of any of the general conditions stipulated herein shall not imply a general waiver of the fulfillment of any other condition or conditions, nor shall it create a vested right for the other party.

11. CONFIDENTIALITY

The owner of the website and its staff and technical service will treat and keep confidential all customer information to which they have access by any means, will not use, disclose or allow it to be used or disclosed, and will destroy or return it immediately in the event that it had been recorded for any reason and / or means, when in the performance of the contracted services and under the terms and conditions of these Special Conditions and the corresponding General Conditions have access to information of any kind of customer. In any case, the applicable regulations shall apply.

12. MISCELLANEOUS

The owner of the website reserves the right to make any changes it deems appropriate in the SPECIFIC CONDITIONS OF CONTRACTING, as well as in the prices of the Service.

The PARTICULAR CONTRACTING CONDITIONS that shall govern the relationship between the holder of the carrier and platform and the users shall be applicable from the beginning of the Service Contracting Procedure indicated in this Document until the completion and fulfillment of the same. The use and contracting of the Services shall be subject to the Portal’s Data Protection Policy.

13. RESOLUTION

The owner of the portal and platform may terminate this contract in case of breach by the customer of any of the obligations contained in these Special Conditions of Contract and those provided in the General Conditions, reserving the right to withdraw access at any time.

14. APPLICABLE LAW AND COMPETENT JURISDICTION

All matters relating to the use and contracting of the Service are governed by the Laws of the Kingdom of Spain and are subject to the jurisdiction of the Courts of Vilanova i la Geltrú, Barcelona.