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General Terms and Conditions of Use of the "WeSea Boats" Service
The general conditions of use described below are a proposed translation with the objective of facilitating the understanding of the Service to the Users.
1. Definitions
The terms defined below shall have in these general conditions the meaning attributed to them below, each time they begin with a capital letter, whether they are used in the singular or in the plural,
«Advertisement»: means an offer of Rent published by an Owner on the Website,
«GTU»: means these general terms and conditions of use,
«WeSea Boats«: means the company GEION NAUTICA WESEA SL, a simplified joint stock company with a capital of 3100 euros, whose registered office is located at Carrer Blat 12, Alcudia 07400, Balearic Islands, with CIF BB56970700, commercial register of Palma de Mallorca on page PM-99007 Volume 3041 Folio 84.
«WeSea Boats Commission»: means a percentage commission included in the Price for the Owner and due by the Owner as remuneration for the service. The amount of this commission is subject to change depending on the contractual agreements between WeSea Boats and the Owner,
«Wea Boats management fees»: They take into consideration the costs related to the operation of our platform that allow us to offer services such as Customer Service during your trip. VAT included,
«Professional Skipper Service»: additional service that a shipowner may contract to facilitate the Departure,
«Content»: means any text, graphics, images, video, information or other items that Users post, upload, publish, publish, submit, transmit or include in their Advertisement or User account to be made available on the Site,
«Vessel»: means any nautical vehicle offered for rent on the Site (such as sailboats, motorboats, catamarans, etc.).
«Lessee»: means any natural or juridical person who reserves a Vessel for Charter.
«Rental»: means the Rental of a Vessel to a Tenant by an Owner, on the wharf or at sea,
«Delivery»: means the delivery of the Vessel or the arrival at the Vessel on the day of the Charter.
The time for cleaning, refueling and review of the Incoming and Outgoing Inventory is part of the Rental period foreseen in the contract.
«Output»: designates the daily rent,
«Tenant Price»: means the price shown in the Advertisement, including VAT,
«Owner's Price»: designates the price freely chosen by the Owner at the time of publication of his Advertisement, with WeSea Boats Commission and VAT included,
«Owner»: means any natural or legal person, who can justify full ownership of a Vessel if requested by WeSea Boats and/or a Lessee. By extension, it also designates the representative of an Owner, and this representative must justify the existence and possession of the power of attorney he has received.
«Professional Skipper»: means any natural person holding a professional title to be able to carry Vessels and transport passengers in the commercial field and to be responsible for the events occurring on the Vessels.
«Service»: means the whole of the service that connects Owners and Renters to facilitate the Rental of Boats at the dock or at sea and the tool for the management of reservations and payments between Users.
«Website»: means the website www.weseaboats.com,
«User»: means any User of the Service Website, whether an Owner or a Renter.
«Weather forecast cancellation»: means the cancellation of a reservation of one day or less due to a special weather forecast.
2. Acceptance of the UGC
The use of the Service and the Website is subject to these TOU. The GTU constitute a contract governing the relationship between the User and WeSea Boats. They supersede and replace all previous provisions and constitute the entire rights and obligations of WeSea Boats and the User for their purpose. The Parties agree that in case of inconsistency between the information present on the Website and the GTU, the latter shall prevail.
The User is deemed to have fully and completely accepted, without reservation, the present GTU from the moment he/she checks the box «I accept the terms and conditions» when creating his/her User account or subscribing to an offer.
If this box is not checked, the User acknowledges that the creation of the User account and the use of the Service is neither possible nor valid.
WeSea Boats reserves the right to make changes at any time, effective from the time of publication on the Website.
By continuing to use the Website, Users tacitly accept the latest updated version of the GTU.
3. Purpose of Service
The Service is a service that connects Owners, Lessees and Skippers to facilitate Boat Rentals as well as the management of payments between Users.
Each User understands and agrees that WeSea Boats is at all times a third party to the contract entered into between an Owner, Skipper and Lessee. Thus, WeSea Boats shall not perform the obligations of a User in its stead nor shall WeSea Boats be liable for a User's breach of contractual obligations.
Each User agrees to abide by the terms and conditions set forth in the contract issued by the Owner.
4. Service Access
Users of the WeSea Boats platform undertake to provide accurate information. WeSea Boats is not responsible for confirming the identity and information communicated by Users. For the sake of transparency and to prevent fraud, in accordance with applicable law, WeSea Boats may ask Users to provide an official identity document or other information, or to undergo other checks aimed at verifying the identity and background of Users, consult external databases or other sources of information.
4.1. Legal capacity
The Service is reserved to natural persons of legal age, emancipated minors, with full legal capacity and to legal entities that can comply without reservation with the present GTU.
4.2. Access
In order to use your User account, you must have a valid email address and cell phone number for the entire period of use of the Service.
5. Service Use
5.1. Create a User account
In order to use the Service, the User must, beforehand, create a User account by following the process that appears on the Web Page and/or that he/she receives by e-mail.
The User is solely responsible for maintaining the confidentiality of his or her access codes to his or her inbox and User account, WeSea Boats shall not be liable in the event that the Service is used by someone other than the User or a person authorized by the User who has his or her User information and passwords.
In case of forgetting your User information or inappropriate use of it by third parties, the User undertakes to inform WeSea Boats as soon as possible by e-mail to the address. info@weseaboats.com
The User undertakes to update his/her contact details on the Website in the event of a change in his/her e-mail address and/or cell phone number.
5.2. Publication of an Advertisement
Any Owner may publish free of charge one or more Advertisements to offer a Vessel for Charter subject to the provisions of Article 6.1.1.
The Owners undertake to publish Advertisements in line with the quality of the services offered (in particular price, condition of the boat, etc.).
By checking the "I accept the terms and conditions" box when creating a User account, or by posting an Ad, the Owner declares that he/she understands and accepts that his/her Ad may also be published on the websites or mobile applications of one or more companies belonging to the WeSea Boats Group.
Each Owner is responsible for the Content of the Ads published on the site and for the accuracy and sincerity of the information indicated in his ad.
We remind Owners that they must comply with consumer law and, in particular, refrain from all misleading commercial practices, punishable by a maximum penalty of 2 years imprisonment and a fine of 300,000 euros (Article L132-2 of the Consumer Code).
The fact that an Owner advertises information that does not correspond to reality is a misleading commercial practice.
Please note that the service provided by WeSea Boats is limited to matching Owners and Renters. In these circumstances, WeSea Boats cannot be held responsible for the misleading or incorrect nature of an Advertisement.
WeSea Boats is not responsible for any User, Vessel or Advertisement.
The Advertisement must include at least one photograph of the Vessel and indicate:
the title and description of the Ad,
Vessel specifications (name, make, model, length, etc.),
the equipment of the boat (WC, shower, solarium, etc.),
if you offer particular services (food, beverages, etc.)
location of the vessel,
how to get to the boat,
parking areas near the boat,
dates of availability of the vessel,
The Daily Retail Price chosen according to the dates of availability and the duration of the Departure,
the departure and arrival times for each departure.
In the case of a Charter, the Owner's Price is freely chosen and includes the WeSea Boats Commission.
The Owner undertakes that the Owner's Price will be, at most, equivalent to the public price displayed on any other platform, publication or on its own Website.
WeSea Boats will display in the Advertisement published on the Website the corresponding Renter's Price with the total price in Euros to be paid by the Renter including all expenses.
Price includes VAT.
5.3. Insurance
The Owner undertakes to offer only the reservation of boats covered by insurance for its charter activities, regardless of the nationality of the User, the intended sailing area and/or the usual home port of the boat.
The Owner thus undertakes to inform his annual insurance company about his charter activity.
5.4. Boat Reservation
The amount of the Renter's Price is kept in a blocked account until actual payment to Owner or reimbursement to Renter.
After receiving the amount of the Renter's Price in the bank account of WeSea Boats, we will communicate to each of the Users the information and personal data of the other User. The Users agree to use this information only within the framework of the Rental and not to contact each other directly in the future to sign a Rental contract.
5.5 Users Evaluation
Each hirer can evaluate the Vessel that has carried out the experience by writing a comment and/or by a scoring system. Only rentals actually carried out give the right to publish an evaluation.
The comment and the note will be published in the corresponding User's public profile.
Owner Announcements will be ranked according to the quality of comments and frequency of bookings.
Users may not themselves delete a comment written by another User. However, they have the right to respond to comments.
The User can also inform WeSea Boats of the presence of a comment that does not comply with these GTU by sending an e-mail to the address. info@weseaboats.com
WeSea Boats reserves the right to delete any comment that violates the rules in force (racist, discriminatory, contrary to good conduct or public order ...) at its sole discretion and to delete User accounts in case of repeated inappropriate comments.
6. Parties' obligations
6.1. User's Obligations
The User agrees to:
use the Site and the Service in accordance with these TOU and the laws in force,
to provide truthful, lawful, objective information in compliance with the laws in force (libel, incitement to hatred, racism...),
act in good faith when using the Service and the Site,
only have one User account and not open a User account for anyone other than himself/herself,
only use your User account on a personal basis, as all actions carried out from your User account are deemed to have been performed by you,
update your information regularly by logging in to your User account,
not to assign your User account to third parties or to another User,
maintain the confidentiality of the access codes to your User account,
be able to justify at any time the above-mentioned degrees and/or qualifications,
respect the administrative and sanitary formalities in force,
Each User shall be responsible for archiving on a memory medium external to the Site the information consultable on the Site that he/she needs for the purposes of preservation of evidence, accounting, etc.
However, WeSea Boats will make available to Users on the Website the different versions of the GTU as soon as the User account is created.
6.1.1. Owner's specific obligations
The Owner agrees to:
be able to justify at all times that he is the Owner of the Boat,
to have, if applicable, its Vessel legally declared and/or registered before the competent administrations,
only offer for booking boats equipped and well maintained, with the possible technical controls up to date, with an appropriate safety system for its navigation category, updated equipment, regular maintenance and the necessary fuel to carry out the trip.
if applicable, make available to the Lessee and to the authorities, in case of control, the Special Verification Register,
have taken out and maintain valid insurance (all risks liability) in accordance with the conditions of article 5.3 and be able to produce a valid insurance certificate when requested by WeSea Boats and/or the Hirer,
verify the identity of the Tenant before signing the Rental Agreement,
verify that the bank card used for payment of the Rental belongs to the Lessee at the time of Delivery of the boat,
verify that the name appearing on the Rental Agreement is the same as the name on the identity card presented by the Tenant and the name on the payment card used for the payment of the Rental and presented on the day of Departure,
inform the Tenant in the Advertisement and/or the Rental Agreement of any limitation of liability of its insurer,
provide WeSea Boats with the Rental agreement signed by the two parties and any other document enabling WeSea Boats to respond to a cancellation procedure of payment by Renter's bank. WeSea Boats may demand reimbursement from the Owner of the Rental amount if the Owner is unable to provide such supporting documents,
The Owner accepts and undertakes to respect its social and fiscal obligations according to its status with the competent administrative authorities,
The Owner agrees to create an availability calendar,
The Owner has control of the calendar, but must update the changes as soon as possible on the WEB. If the Owner fails to do so and a reservation is entered for the occupied dates, the cancellation process described in article 7 will be followed.
The Owner understands that WeSea Boats disclaims any obligation to advise and that WeSea Boats assumes no liability in this regard.
Owner is obliged to provide Renter, upon request, with an invoice containing Owner's Price.
In the event that the Owner requires the Professional Skipper Service, he must personally inform WeSea Boats of the operation of the vessel (docking and mooring maneuvers, location of the batteries, battery disconnect, safety elements, fuel tank, bilge pumps, ...) for its correct use and safety of the people on board prior to the departure.
The Owner also undertakes not to divert and/or contact Users of the Service and not to enter into Rental contracts directly with them, without a reservation through the Website.
6.1.2. Lessee's specific obligations
The Lessee agrees to:
be the owner of the bank card used to reserve the vessel,
if applicable, resort to the Special Verification Register,
inform WeSea Boats, via email, info@weseaboats.com, less than 2 hours after the start of the Rental, of any dispute/disagreement related to the Advertisement and/or the Vessel, with the aim of blocking the payment while the relevant Users decide whether to cancel the booking in accordance with the conditions of article 7 or to continue with it,
to be present at the time scheduled at the time of booking to meet with the Owner or his representative,
sign the contract and Check-In,
only allow the number of persons allowed by the boat's security system, including the skipper, to board,
use the boat in a responsible manner for recreational navigation, within the framework of the maritime and customs legislation in force, excluding any trading, professional fishing, transport, towing or other operations,
not be medically unfit to sail/handle the Boat,
return the boat to the Owner with all its equipment in the same conditions as at the beginning of the charter, in a proper state of cleanliness and on time,
in case you want to cancel your reservation you will have to notify WeSea Boats as soon as possible,
The lessee understands that the maximum authority on the Vessel is the Master and he is the one who will make the final decision.
The Lessee accepts and undertakes to comply with its social and tax obligations according to its status. To this end, WeSea Boats makes available to him electronic links accessible from his User account that will direct him to the websites of the administrations that allow him to comply, if applicable, with these obligations.
The Lessee understands that WeSea Boats disclaims any obligation to advise and assumes no liability in this regard.
6.2. WeSea Boats' Obligations
WeSea Boats undertakes to use its best efforts to:
ensure the operation of the Site in accordance with Article 10 below,
respond to Users' requests regarding the Service as soon as possible,
pay the amount due to the Owner in accordance with the conditions of Article 8 by transfer to the Owner's bank account,
realizar un reembolso, si procede, al Arrendatario, de acuerdo con las condiciones del artículo 7,
send by e-mail the invoices relating to the WeSea Boats Commission as well as a document showing the gross amount received for the transactions made through the Service and the Website.
7. Cancellation of reservation
To make a cancellation, Users must inform WeSea Boats in writing in advance through the User account and the cancellation procedure described on the Website.
A cancellation only becomes effective after WeSea Boats sends an email notifying of such cancellation.
7.1. Due to a case of Force Majeure
In the event of force majeure circumstances within the meaning of article 12, any User may request to postpone the reservation to a later date or cancel the reservation, after having justified such circumstances in writing to WeSea Boats within a maximum period of 12 hours after the Departure date.
In case of cancellation due to a special weather forecast that prevents going out to sea, WeSea Boats will reimburse by bank transfer to the Lessee within fifteen (15) days the total Price paid for the Rental less the WeSea Boats management fees.
7.2. Due to Owner
The Owner may not request the cancellation of the Rental he/she has accepted, except in case of force majeure.
In the event that for serious personal reasons accepted by WeSea Boats, the Owner cancels a reservation, WeSea Boats will endeavor to offer the Renter another equivalent Vessel in the corresponding period.
If no alternative solution is found, this cancellation will also be considered justified.
The Lessee shall receive full reimbursement of the Lessee Price within fifteen (15) days by bank transfer.
The Owner will therefore not receive the Owner's Price after deduction of the WeSea Boats Commission.
After two abusive or unjustified cancellations, WeSea Boats reserves the right to delete the Owner's User account in accordance with the conditions of article 14.
As indicated herein, the corresponding financial penalties may be applied. The amount owed in this regard will be automatically and fully charged by WeSea Boats on the next transaction made by the Owner through the Website and the Service.
However, if the cancellation of the reservation by Owner is due to Renter's inability to comply with his obligations referred to in article 6.1.2, this cancellation shall be considered justified.
the Renter's Price. The Owner will receive the Owner's Price after deduction of the WeSea Boats Commission.
7.3. Due to Lessee
The lessee may cancel the reservation up to the day of the reservation under the following conditions:
If you decide to cancel more than 10 days in advance, 100% of the Owner's Price will be refunded.
If you cancel your reservation 4-10 days in advance, 50% of the Owner's Price will be refunded.
If you decide to cancel the reservation between the day of the reservation and 3 days before, the Renter's Price will not be refunded.
In case of cancellation, the Owner will receive the percentage mentioned above according to the previous cancellation date minus the WeSea Boats Commission applied to the cancellation percentage, not to the Owner's total price.
7.3.1. If the Vessel does not correspond to the Advertisement
In case the Vessel does not correspond to the Advertisement, the Hirer shall inform WeSea Boats prior to the Rental by submitting all possible supporting documents.
The Tenant must decide whether or not to cancel the Rent.
In the event that you decide to maintain the Rental, you may in no case request a refund of the Renter's Price, for any reason whatsoever for this reservation.
In the event that it decides to cancel the Rental, WeSea Boats agrees, on a commercial basis, and without allowing the User to involve the liability of WeSea Boats in any way, to fully reimburse the Renter's Price to the Renter, within fifteen (15) days after the cancellation by bank transfer.
7.3.2. If there is a breakdown during the rental
In this case Owner may offer an alternative date or time to carry out the Departure. In case he decides to maintain the Rental, he will not be able to request in any case the reimbursement of the Renter's Price, for whatever reason for this reservation.
If no agreement is reached, the Owner will have to refund 100% of the Owner's Price to the Renter.
Renter understands and agrees that Renter may only request reimbursement of the Owner's Price directly from Owner, without ever holding WeSea Boats liable in this regard.
In any case WeSea Boats will make the transfer of the price from the Owner deducting the WeSea Boats Commission to the Owner.
7.4. Due to WeSea Boats
In some cases, WeSea Boats may be forced to cancel a reservation (cessation of collaboration with an Owner, failure to comply with the obligations of the Users...).
WeSea Boats will then make every effort to offer an equivalent alternative to the Lessee. If this is not possible, the Lessee will receive a full refund of the amounts without being able to hold WeSea Boats liable in this respect.
8. Rental payment terms
The payment of the Renter's Price by the Renter is made on each reservation, in advance, by bank card on the Website through the Stripe payment solution when you finalize the reservation process.
As an exception, and subject to the express agreement of WeSea Boats, the User may pay by bank transfer.
Payment of the Lessee Price by the Lessee is made as follows:
if the reservation is made more than 10 days in advance, 25% of the Owner's Price plus WeSea Boats management fees will be paid.
upon entry within the last 10 days of Departure, the remainder of the Owner's Price (75%) will be paid.
if booked within the last 10 days, 100% of the Owner's Price plus WeSea Boats handling fee will be paid.
WeSea Boats undertakes to transfer payment to the Owner's account from the Owner's Price from which the WeSea Boats Commission is deducted, within 7 days after the Rental, the transfer of the Rental payment will be made provided that there are no claims within two days thereafter or such claims have already been settled. Any delay in the receipt of payment is subject to the bank and the geographical area.
9. Professional Skipper Service
In the event that an owner registered on our platform does not have a skipper to carry out an outing, WeSea Boats offers the option to put the owner in contact with a freelance skipper available in our skipper pool. However, it is important to note the following:
WeSea Boats acts solely as an intermediary between the owner and the self-employed skipper, facilitating contact between both parties,
WeSea Boats is not responsible for the availability of self-employed skippers at any time. The availability of skippers may vary and we cannot guarantee the availability of a skipper at any specific time,
WeSea Boats is not responsible for the quality of the services provided by self-employed skippers. The relationship between the owner and the skipper is independent of WeSea Boats, and any problems related to the services provided by the skipper must be dealt with directly between the parties involved,
By using this service, the owner agrees to release WeSea Boats from any liability related to the Professional Skipper Service provided by self-employed skippers. WeSea Boats acts solely as a facilitator of the contact between the owner and the self-employed skipper, and assumes no responsibility for the services provided by the skipper.
10. Service and Website Availability
WeSea Boats undertakes to use its best efforts to make the Service and the Website available 24 hours a day, 7 days a week without interruption except if changes or updates are required.
The User must take into account that the Website and the Service are exposed, as any computer application, to failures, irregularities, errors or interruptions that may be due mainly to connection problems.
Therefore, WeSea Boats does not guarantee to the User that the Site and the Service will be permanently available.
The User may not in any case hold WeSea Boats responsible for these failures, irregularities, errors or interruptions, even in the event that they have caused him/her any damage.
11. Responsability
11.1. Limitation of liability
WeSea Boats reminds that it does not form part of the Rental contracts concluded between Users.
In the event of a claim, the User shall not hold WeSea Boats liable in any case.
WeSea Boats is not responsible for the management of delays or the possible management of disputes between Users.
WeSea Boats is also not responsible for possible insufficient funds in the Lessee's bank account.
Subject to the exclusions of liability provided for in these TOU, it is agreed that in any event and regardless of the basis, the liability that WeSea Boats may incur in any way whatsoever in connection with the Site or the Service may not, except in case of gross negligence, exceed the total amount invoiced by WeSea Boats to the User for the Rental from which the event giving rise to the liability of WeSea Boats results.
In no event shall WeSea Boats be liable for the repair of damage of an indirect nature, even if WeSea Boats has been informed of such possible damages.
The User acknowledges that the terms of the Service fees are based on those limitations and exclusions, without which WeSea Boats would not have entered into any contract.
11.2. Exclusion of liability
In addition to the cases provided for in these GTU and especially in articles 5.1 and 8, WeSea Boats shall not be held liable in the following cases:
improper or unlawful use of the Website and/or the Service by the User,
unavailability of the Website and/or the Service in accordance with Article 10 above,
fraudulent intrusion of a third party on the Site and/or the Service,
non-conformity of the condition of the Vessel with respect to the Advertisement,
non-compliance with administrative and sanitary formalities on the part of the User.
Furthermore, WeSea Boats is not responsible for Users' compliance with their social and tax obligations based on their status or for giving advice to Users in this regard.
11.3. Hypertext links
The Website may include links to other websites or other Internet sources. WeSea Boats has no control over these external websites and sources. Therefore, WeSea Boats is not responsible for the availability of these external websites and sources and declines all responsibility for the Content, advertising, products, Services and any other element available on the latter. Furthermore, WeSea Boats cannot be held liable for any proven or alleged damage or loss resulting from or in connection with accessing, using or relying on the Content, goods or Services available on these Websites or external sources. WeSea Boats is only responsible for the hypertext links it creates. Any difficulty linked to a link that it has not created must be brought to the attention of the administrator or webmaster of the relevant Website.
12. Force majeure
The parties agree that these are cases of force majeure:
special weather forecasts that prevent going out to sea,
legislative and regulatory modifications,
natural disasters, fires, storms, floods, wars and terrorist attacks, strikes within the company, illness, power surges and electric shocks, breakdowns in refrigeration systems and computer equipment, blockages and slowdowns in electronic communication networks and,
de more generally, any unforeseeable event beyond the control of WeSea Boats and the Users.
13. Confidentiality
WeSea Boats agrees to keep confidential all information collected when creating the User account.
WeSea Boats undertakes not to use any data obtained from the User for purposes other than those of the Service, and especially not to resell this data to third parties for commercial purposes, except if required by law or by any administrative or judicial authority.
14. Suspension / Termination
The User acknowledges that WeSea Boats has the right to suspend access to the Service or to terminate its contractual relations with the User, or to delete any User account, as of right, with a simple notification by email and without further formalities for any reason whatsoever, and in particular:
in case of improper or illegal use of the Service, especially in case of payment problems (including suspicions of money laundering),
in case of non-compliance with the GTU,
in case of cancellation of more than two reservations, except in case of force majeure, in accordance with the conditions of article 7,
in case of particularly negative evaluations by other Users or of non-conformity between the Vessel and the Advertisement,
in the event of termination of the operation of the Website and/or the Service by WeSea Boats.
The User therefore undertakes not to create a new User account.
The User can terminate his User account at any time by simply notifying by e-mail to info@weseaboats.com.
However, it undertakes to maintain and guarantee the management of ongoing or accepted reservations.
15. Personal data
As set forth in Article 5.2, WeSea Boats may transmit certain personal data to one of its affiliates, for the following purposes: to provide a recommendation service, to manage payments between Users, to detect or investigate fraudulent or illegal activities, to ensure compliance with applicable law, which the Owner agrees to.
Depending on the choices made when creating the User's account, the User may receive commercial offers from WeSea Boats. If the User no longer wishes to do so, he/she may object at any time by sending an e-mail informing him/her of this to info@weseaboats.com.
WeSea Boats collects some of your personal data in accordance with the law in force and with the information stipulated in its Privacy Policy. The User accepts and acknowledges the processing of personal data when using the Website or the App and after registering as a member.
15.1 Intellectual property and copyrights of WeSea Boats.
«WeSea Boats» and the logo appearing on the Website are trademarks owned in their entirety by WeSea Boats. No license is granted to the User.
WeSea Boats is the owner of the intellectual property rights associated with the Service and the Site, and in particular relating to the software elements, ergonomics, layout, graphic elements, logo and design of the Site.
It is forbidden for the User to infringe in any way the intellectual property rights of WeSea Boats.
The Users are solely responsible for the Contents and release WeSea Boats from any liability in case of claims related to the Contents for violation of the rights of third parties and of the legislation in force and undertake to indemnify WeSea Boats for any damage it may cause and to reimburse it for any damages and interest, expenses, especially for advice, that may arise in this regard.
Each User grants free of charge a non-exclusive right to reproduce, represent, modify, translate, adapt and sublicense the Contents for the duration of the copyright and throughout the world, on any other digital, analog or paper support, for commercial or non-commercial purposes.
15.2 Intellectual property and copyrights of Users and third parties
WeSea Boats respects intellectual property rights, and asks its Users to assume the same commitments.
The User agrees to respect the copyrights of other Users, as well as those of third parties, as defined in the Intellectual Property Code.
WeSea Boats reserves the right to disable or terminate the account or access of Users who violate, or are repeatedly accused of violating, the copyrights or other intellectual property rights of others. WeSea Boats will address claims of copyright infringement committed by a User upon complaint by the User, who shall send a notice of alleged copyright infringement in due form to info@weseaboats.com.
16. Autonomy of clauses and divisibility
If one or more provisions of the GTU are declared null and void by application of a law, regulation or following a final decision of a competent jurisdiction, the remaining provisions shall remain in full force and effect, to the extent permitted by such decision. In addition, the failure of a party not to rely on a breach by the other party of any of the provisions of the GTU shall not be construed as a waiver by that party to rely on such a breach in the future.
17. Cookies
When accessing the Site, a cookie may be automatically installed and temporarily stored in the memory or on the User's hard disk to facilitate navigation on the Site. Cookies are used to store information related to the use of the Site (such as the pages consulted, the date and time of access, etc.). Users have the right to refuse the use of cookies by configuring their browser. This operation entails however the deletion of all cookies used by the browser, including those used by other websites, which may result in the alteration or loss of some settings or information. The elimination of cookies may modify or hinder the User's navigation on the Website.
18. Publishing - web hosting
Name of the publication director: Jordi Julià.
Name of web host: Amazon Web Services, aws.amazon.com
19. Governing law
These GTU are governed exclusively by Spanish law.
WeSea Boats will not be able to consider any claim if there is no contract signed by the Renter and the Owner.
Complaints must be sent to WeSea Boats within 24 hours of taking possession of the vessel at the following email address info@weseaboats.com
WeSea Boats is not a party to the contract binding the Renter to the Owner, its role is limited to assisting both parties to reach an amicable agreement.