General Terms and Conditions

General terms and conditions

Here you will find all the terms and conditions and regulations that apply when renting boats through the “Ibiza Formentera Yacht Charter” portal.

Terms and conditions:

Ibiza Formentera Yachtcharter: hereinafter referred to as IFY, is a brand of 5th FLOOR GmbH, based in Germany (Hattingen).

Customer: Any authorised person of at least 18 years of age who fills in the booking form and thus accepts the underlying
underlying T&Cs, is referred to as a Customer.

Provider: Owner of one or more boats, a charter company or an agency for the rental of boats, is hereinafter referred to as the Provider. IFY offers the offerers the possibility to display their boat(s) on the website ibiza-formentera-yachtcharter.com. In the advertisement, the provider can provide photos, description, details, different prices and a calendar with the daily availability about the boat for rent. With the information provided, IFY can take reservations from clients and request payments if necessary.

Boat: Any watercraft offered for rent on the online portal (such as, in particular, sailboats, motorboats, houseboats, catamarans, jet skis, etc.), are referred to as a boat.

Service and contract conditions

5th FLOOR GmbH (IFY), sets out the following terms of use for the use of the online platform: IFY provides an online platform for the management of the rental of boats (but not the rental itself), which serves to bring providers and customers together in order to facilitate the rental of boats and to process payments between provider and customer.

The rental of boats takes place between the client and the provider and is authenticated by a rental contract with the end provider. IFY has no control over the rental agreement.

The terms and conditions outlined are supplemented by our privacy policy, which can be viewed here. The email address for any questions is contact@ibiza-formentera-yachtcharter.com.

Authorisation

The online portal ibiza-formentera-vachtcharter.com is intended exclusively for persons 18 years of age or older. Use of the website by persons under the age of 18 is expressly prohibited. By accessing or using the Website, you represent and warrant that you are 18 years of age or older.

1. SUBJECT MATTER OF THE CONTRACT

IFY connects private boat owners, agencies and charter companies (hereinafter referred to as providers) with clients who are interested in renting a boat. Through ibiza-formentera-yachtcharter.com rental boats on Ibiza and Formentera can be found, booked and paid for. The rental relationship is concluded between the customer and the provider under the conditions set by the provider; the price is set by the provider at ibiza-formentera-yachtcharter.com. IFY is in charge of processing and managing the rental payment from the client to the provider.

IFY only acts as an intermediary and establishes contact between the customer and the provider. However, the responsibility for the offered rental objects lies exclusively with the provider. IFY is not responsible for the services purchased and cannot accept liability for any discrepancies, incompleteness or unforeseen changes made by the provider. However, IFY requires all providers to comply with the service descriptions displayed by you at ibiza-formentera-yachtcharter.com and to fully guarantee the guidelines customary in the nautical industry, as well as the terms and conditions of the rental contract. In case of non-compliance with these guidelines on the part of the provider, IFY reserves the right to deny this provider the use of ibiza-formentera-yachtcharter.com.

The Provider expressly entrusts IFY with the management of payments, for the contracted rentals, as well as the management of reservations.

Other services or extras, as well as a deposit, are also only agreed between the client and the provider, payments for these extras will be collected directly by the final provider.

The client expressly accepts the above limitations of liability, consequently IFY is exclusively responsible for the administration and completion of the booking, as well as for the payment processing of the requested boat under the mentioned conditions.

The Client is informed that the booking reservation made by him/her may be rejected by the final supplier, in which case IFY will offer the Client alternative boats or transfer back the blocked/paid amount in full.

The customer is informed that the booking reservation he/she has made may be rejected by the final provider, in which case IFY will offer the customer alternative boats or transfer back the blocked/paid amount in full.

We strive to always provide our service at ibiza-formentera-yachtcharter.com truthfully and accurately, nevertheless we cannot guarantee that no inaccuracies or errors exist on the online platform. The provider is responsible for the information he provides for his boats at ibiza-formentera-yachtcharter.com (prices, details of the boat, equipment, extras etc.). IFY does not verify the information provided by the provider and the provider is therefore solely responsible for the correctness and accuracy of the information provided. Any complaints regarding this information are therefore addressed by the customer directly and exclusively to the supplier. Without limitation, IFY encourages all suppliers to provide all information about their boats as accurately and truthfully as possible. IFY reserves the right to exclude from the ibiza-formentera-yachtcharter.com portal any end-user who does not follow these rules. We ask all clients to report any incidents to info@ibiza-formentera-yachtcharter.com.

The rental contract is valid for the duration of the period entered in the booking form, but this does not limit the terms of the contract presented by the provider. Any changes over the duration of the hire period must be passed to IFY for administration and adjustment of payment.

2. VALIDITY

These T&C are valid from the moment the customer completes and submits a reservation form.

3. BOOKING AND CONCLUSION OF CONTRACT

Booking with IFY and subsequently concluding a contract is very simple:

• Go to the page www.ibiza-formentera-yachtcharter.com.
• Choose a boat, specify the rental period, any extra services and your personal details.
• Read and accept the terms and conditions and our privacy policy.
• Confirm the details of your booking.
• Pay the total amount for the rental of the boat.
• Wait for the confirmation from IFY about the availability of the boat from the provider.
• After confirmation, the amount will be debited from your account. Furthermore, the rental contract has to be sent by the provider.
• If only a deposit was paid at the time of booking, you will pay the outstanding amount on the date indicated by IFY.
• After using the service, IFY asks the customer to rate the rental. These ratings will later be published on ibiza-formentera-yachtcharter.com to provide a more transparent rental experience for clients.

The client acknowledges that the requested service is provided exclusively by the end provider. The latter is solely responsible for the service.

4. OBLIGATIONS OF THE CLIENT

The Client undertakes:

• To always provide truthful information about all data (personal or otherwise) requested by IFY.
• Not to disclose his password to third parties in order to ensure that only he logs in with his user ID.
• To truthfully provide IFY with all necessary information for booking (via IFY), for concluding the rental agreement (via the provider) and for payment (via IFY).
• To accept that personal data provided by him/her and data of the other passengers of the boat will be passed on to the Provider for the preparation of the rental contract. The provider is obliged to comply with the data protection guidelines laid down by law.
  To make all payments at the contractually agreed times.
• To use the services appropriately
• To pay for all services as specified by ibiza-formentera-yachtcharter.com, including any extras not specifically included in the price, such as helmsman, fuel, fresh water, fees when mooring in foreign ports, taxes, as well as other services requested according to the rental contract.
• To provide IFY with a truthful evaluation of the service. IFY reserves the right to reject evaluations in case of doubt or not to publish them on the website.

5. PROVIDER

Provider means the owner of one or more boats, a charter company or a boat rental agency.

IFY offers providers the possibility to display their boat(s) on the online portal ibiza-formentera-yachtcharter.com. In the advertisement, the provider can provide photos, a description, further details about the boat, different prices and a calendar with daily availability. With the information provided, IFY can take the reservations of bookings and request payments if necessary.

6. WAYS OF CONCLUDING CONTRACTS

The Client as well as IFY accept that contracts can be concluded, recorded, stored and reproduced via the following media: Through the Website, by email, by recording a telephone conversation or by digital signature.

7. PAYMENT OBLIGATIONS

The Client agrees to complete payment prior to the completion of the Booking. The payment must be made as follows:

1. The payment methods accepted by ibiza-formentera-yachtcharter.com are the credit and debit cards Visa, Visa Electron and Master Card. If for technical reasons payment cannot be made by one of these methods, IFY will provide alternative payment methods such as Paypal or bank transfer so that payment can be made within 24 hours of booking completion.
2. The applicable amount (100%) will be due from your credit card upon completion of the booking.
3. Once the supplier accepts the booking, the amount will be deducted from your credit card and retained.
4. If the supplier does not accept the booking for any reason, IFY will offer you an alternative boat on the same or similar criteria. If no alternative boat can be found, the blocked amount will be released, this may take between 5-10 working days depending on the banking institution.
5. Once a booking has been made, IFY will send the users’ personal data and information to each other. The users agree to use this information exclusively in the context of the rental and not to contact the other user directly in the future to conclude a rental or cosailing contract.

8. right of withdrawal

8.1 on the part of the customer

You have the possibility to cancel your booking under the following conditions: In case of cancellation of the booking by the customer, IFY will charge 99€ for the administration of the cancellation, regardless of the price of the booking. In addition, the cancellation costs stipulated by the provider in the rental contract will apply. If the contract has not yet been signed or no specific information on the cancellation costs has been provided, the following costs will apply:

• If the cancellation is made more than 60 days before the start of the rental period, 50% of the total rental price will be charged.
• If the cancellation is made between 30 and 60 days before the start of the rental period, 75% of the total rental price will be charged.
• If the cancellation is made less than 30 days before the start of the rental period, 100% of the total cost will be charged.

All cancellations must be made in writing to contact@ibiza-formentera-yachtcharter.com.

8.2 On the part of the Provider

Notwithstanding the policy set out in the Supplier’s Rental Agreement, please note that in the following cases the booking will be considered void and no right to a refund of any monies already paid will be given:

• Non-compliance with payment deadlines on the part of the client.
• Failure to comply with or breach of the general legislation relating to the boat. Including: exceeding the maximum number of persons allowed on the boat, exceeding the permitted coastline or failure to comply with the driving licence regulations, etc.
• If no boat licence valid in the country of rental can be presented for the boat in question. This only applies to rentals without a helmsman.
• If the customer does not have the necessary competences to steer the rented vessel in the country of rental. This only applies to rentals without a helmsman.

9. methods of payment

The prices stated on the product pages include the statutory value added tax and the rental price for the specified duration.

You can choose to pay by credit card, Paypal or bank transfer.

If you choose the payment method “credit card”, there will be an additional charge of 1,4%+0,25€ for European credit cards or 2,9%+0,25€ for non-European credit cards. If the payment method “Paypal” is selected, an additional 2% of the payment amount will be charged. The costs shall be borne by the supplier.

10. NOTES ON THESE GUIDELINES

If one of these guidelines is declared null and void due to a change in the law, the other guidelines remain valid.

11. FUTURE CHANGES TO THESE POLICIES

Any changes to our terms and conditions will be communicated to users and will be considered accepted as soon as the user revisits ibiza-formentera-yachtcharter.com after notification.

12. APPLICABLE LAW AND COMPLAINTS

These Terms and Conditions shall be construed in accordance with the laws in force in Germany, without regard to conflict of laws provisions. All complaints must be made in writing.

Note: The translations provided herein are for convenience only. The original German version is legally binding.