In accordance with Regulation (EU) 2016/679 (GDPR), the personal data provided will be processed by FONS MARÍ NAUTIC DIVULGACIÓ, SL for the purpose of managing the contractual relationship and complying with legal and tax obligations.

The legal basis for processing is contract execution and compliance with legal obligations.

Data will not be shared with third parties unless required by law.

The data subject may exercise rights of access, rectification, erasure, restriction or objection by contacting admin@fonsmari.com.

GENERAL TERMS AND CONDITIONS

BOAT CHARTER SERVICE

1. OBJECT

This general terms and conditions regulate the contracting of the boat rental (charter) service offered by FONS MARÍ NAUTIC DIVULGACIÓ, SL (hereinafter, “the Company”), as well as the rights and obligations of the contracting client (hereinafter, “the Lessee”) and, where applicable, of the persons who enjoy the service (hereinafter, “the Passengers”).

These general conditions are understood to be incorporated into the rental agreement and will be binding from the moment of acceptance and signing thereof.

2. IDENTIFICATION OF THE PARTIES

Company: FONS MARÍ NAUTIC DIVULGACIÓ, SL

CIF: B19877315

Registered office: C/ San Miguel 46, Floor 1, 2nd Floor, 07002 Palma (Balearic Islands), Spain

Telephone: +34 971 227 701

Email: admin@fonsmari.com

Lessee: The natural or legal person identified in the contract, responsible for compliance with the obligations arising from it, including the total payment for the service and the behavior of the passengers during the activity.

3. DURATION, DATE AND SCOPE OF SERVICE

The rental will have the duration, date, schedule and conditions established in the contract.

The service will be provided within the permitted navigation areas in accordance with current regulations, the technical limitations of the vessel and existing weather conditions.

The Company and/or the captain may modify the itinerary for reasons of safety, weather, maritime restrictions, force majeure or any circumstance that may compromise the integrity of the passengers or the vessel.

4. SERVICE MODALITY (CHARTER WITH SKIPPER)

The service will be provided exclusively in charter mode with a skipper, with the vessel being governed by a skipper appointed by the Company.

The Renter and passengers must respect the skipper's instructions at all times, especially regarding safety, navigation, anchoring and behavior on board.

The employer will have the authority to limit certain activities or terminate the service in case of a safety risk.

5. MAXIMUM CAPACITY AND SHIPPING CONDITIONS

The maximum number of passengers will be that permitted by the vessel's seaworthiness certificate and that indicated in the contract.

The Lessee agrees not to exceed this number under any circumstances. The Company may deny boarding to any person if doing so would exceed the authorized limit.

The Company may request identification documents from passengers for legal, security or insurance reasons.

6. PRICE AND PAYMENT TERMS

The price of the service will be as indicated in the contract, and will include the items detailed in the inclusions section, unless expressly stated otherwise.

To confirm the reservation, the Renter must pay the established amount as a deposit or initial payment. The remaining amount must be paid before the start of the service or at the time of boarding, unless otherwise expressly agreed in writing.

In the event of total or partial non-payment, the Company may cancel the reservation without the right to refund the amounts paid, without prejudice to claiming the outstanding amounts.

7. GUARANTEE AND SECURITY DEPOSIT

Depending on the type of service and the vessel, the Company may require a bond or security deposit to cover damages, losses, extraordinary consumption, breaches or liabilities arising from the conduct of the Lessee or passengers.

The deposit will be returned once the service is completed, after a review of the condition of the vessel and equipment, deducting, where applicable, the amounts necessary to cover damages or liabilities.

8. SERVICE INCLUSIONS AND EXCLUSIONS

Unless the contract expressly states otherwise, the price includes:

• Rental of the boat during the contracted period.
• Employer designated by the Company.
• Mandatory safety equipment.
• Mandatory civil liability insurance.
• Fuel corresponding to the routes established and scheduled for the contracted service.
• Additional water activities available on board (paddle surf, seabob or other equipment included on the vessel, depending on availability).

The price does not include, unless expressly agreed:

• Moorings outside the home port.
• Catering, drinks or other additional services requested by the Tenant.
• Port fees or payment anchorages.
• Extraordinary cleaning resulting from improper use of the vessel.
• Additional fuel costs resulting from unscheduled routes and modifications requested by the
• Tenant and/or extensions of the contracted service.
• Any extraordinary expenses will be reported to the Tenant and must be paid by the Tenant.

9. ROUTE CONDITIONS, MODIFICATIONS AND EXTENSIONS

The routes included in the service will be those previously agreed upon and scheduled.

Any route modification, request for additional destinations, greater distance or extension of navigation time may generate additional costs, especially in terms of fuel and/or extra service time.

The acceptance of additional routes will always be subject to the approval of the skipper and to weather and safety conditions.

10. OBLIGATIONS OF THE LESSEE AND PASSENGERS

The Tenant agrees to:

• Respect navigation and safety rules.
• Maintain appropriate and respectful conduct on board.
• Follow the instructions of the employer and authorized personnel.
• Supervise minors and dependent persons.
• Please inform us in advance about any relevant medical conditions that could affect the service.
• Respect the marine environment by avoiding throwing waste into the sea.

The Lessee will be responsible for any damages or losses caused by himself or by the passengers.

11. ONBOARD SAFETY RULES

For security reasons:

• The employer may require the use of life jackets at any time.
• Children must always be under the supervision of an adult.
• It is forbidden to tamper with navigation equipment, radio, engine or technical elements without authorization.
• It is forbidden to jump into the water while the boat is moving or in unsafe conditions.
• It is forbidden to navigate or remain in restricted areas.
• The Company and/or the captain will always have the final decision regarding navigation, anchoring and return to port for safety reasons.

12. WEATHER CONDITIONS AND MARITIME SAFETY

The service is subject to favorable weather conditions and maritime safety.

In the event of adverse conditions that prevent departure or make navigation dangerous, the Company may:

• Reschedule the service for another date (subject to availability), or
• Propose an alternative route, or
• Cancel the service for security reasons.
• If the cancellation occurs due to adverse weather conditions that make it impossible to provide the service safely, the Lessee may choose to change the date or receive a refund as established in the contract.

The Renter's personal preference for weather conditions that allow for safe navigation will not be considered grounds for a refund.

13. CANCELLATIONS BY THE TENANT

Cancellations must be communicated in writing (email or other verifiable means).

Unless otherwise agreed in the contract, the following policy will apply:

• Cancellation more than 30 days in advance: 90% refund of the amount paid.
• Cancellation between 30 and 15 days: 50% refund of the amount paid.
• Cancellation between 14 and 7 days: 25% refund of the amount paid.
• Cancellation with less than 7 days' notice or no-show: no refund.

The Company may retain management expenses, committed reservations and services already contracted, as well as expenses derived from the management of the reservation through third parties.

14. CANCELLATION BY THE COMPANY

The Company may cancel the service for technical reasons, breakdown, unforeseen unavailability, force majeure or any circumstance that prevents the provision of the service under adequate conditions.

In such case, the Tenant will be offered:

• Change of date, or
• Alternative vessel of similar characteristics (if available), or
• Full refund of the amount paid.

Under no circumstances will the Company be responsible for the Lessee's indirect expenses (transport, accommodation, flights, etc.).

15. DAMAGES, LOSSES AND LIABILITY

The Renter will be responsible for any damage, loss or deterioration caused by himself or by the passengers, as well as for any breach of safety or behavior rules.

The Company may claim the amount of the damages caused, including the cost of repair, replacement or loss of use of the vessel if necessary.

The personal belongings of the Renter and passengers are their sole responsibility. The Company is not responsible for loss, theft, or damage to personal belongings.

16. INSURANCE

The vessel has the corresponding mandatory insurance in accordance with current regulations.

The insurance may not cover damages or incidents resulting from:

• negligence or gross recklessness,
• failure to comply with the employer's instructions,
• excessive alcohol consumption,
• misuse of equipment,
• intentional acts.

17. ONBOARD PROHIBITIONS

It is expressly forbidden:

• the use of illegal drugs,
• transporting hazardous or flammable materials,
• throwing trash or waste into the sea,
• to manipulate technical equipment without authorization,
• cause serious inconvenience or disturbances of the peace,
• any illegal or dangerous activity.

Failure to comply may result in immediate termination of the service without the right to a refund.

18. EARLY TERMINATION OF SERVICE

The Company and/or the captain may terminate the service immediately if there is a serious breach of the conditions described herein or if there is a risk to the safety of the passengers, the vessel or third parties.

In the event of early termination due to a cause attributable to the Lessee or passengers, there will be no right to a refund of amounts paid.

19. DATA PROTECTION

Personal data will be processed in accordance with the General Data Protection Regulation (GDPR) and other applicable regulations, in accordance with the data protection clause included in the contract.

20. APPLICABLE LAW AND JURISDICTION

This set of general conditions shall be governed by Spanish law.

For any dispute that may arise from the interpretation or execution of the contract, the parties expressly submit to the Courts and Tribunals of Palma de Mallorca, unless consumer regulations establish a different jurisdiction.

21. ACCEPTANCE

The Lessee declares that he/she has read and understood this general terms and conditions, fully accepting its content and committing to comply with it, as well as informing the passengers of said conditions.

GENERAL TERMS AND CONDITIONS

 

VESSEL CHARTER SERVICE

1. PURPOSE

These general terms and conditions govern the contracting of the vessel charter service offered by FONS MARÍ NAUTIC DIVULGACIÓ, SL (hereinafter, the “Company”), as well as the rights and obligations of the contracting client (hereinafter, the “Charterer”) and, where applicable, the persons enjoying the service (hereinafter, the “Passengers”).

These general conditions shall be deemed incorporated into the charter agreement and shall be binding from the moment of its acceptance and signature.

2. IDENTIFICATION OF THE PARTIES

Company: FONS MARÍ NAUTIC DIVULGACIÓ, SL

Tax ID (CIF): B19877315

Registered address: C/ San Miguel 46, 1st Floor, Office 2, 07002 Palma (Balearic Islands), Spain

Telephone: +34 971 227 701

Email: admin@fonsmari.com

Charterer: The individual or legal entity identified in the agreement, responsible for compliance with the obligations arising therefrom, including full payment of the service and the conduct of the passengers during the activity.

3. DURATION, DATE AND SCOPE OF SERVICE

The charter shall have the duration, date, schedule and conditions established in the agreement.

The service shall be provided within the navigation areas permitted in accordance with applicable regulations, the technical limitations of the vessel and the prevailing weather conditions.

The Company and/or the skipper may modify the itinerary for safety reasons, weather conditions, maritime restrictions, force majeure or any circumstance that may compromise the safety of the passengers or the vessel.

4. SERVICE MODALITY (SKIPPERED CHARTER)

The service shall be provided exclusively as a skippered charter, with the vessel commanded by a skipper appointed by the Company.

The Charterer and passengers must at all times comply with the skipper's instructions, particularly regarding safety, navigation, anchoring and onboard conduct.

The skipper shall have the authority to restrict certain activities or terminate the service in the event of a safety risk.

5. MAXIMUM CAPACITY AND BOARDING CONDITIONS

The maximum number of passengers shall be that permitted by the vessel's seaworthiness certificate and indicated in the agreement.

The Charterer undertakes not to exceed such number under any circumstances. The Company may deny boarding to any person if this would exceed the authorized limit.

The Company may request identification documents from passengers for legal, safety or insurance purposes.

6. PRICE AND PAYMENT TERMS

The price of the service shall be that indicated in the agreement and shall include the items detailed in the inclusions section, unless expressly stated otherwise.

To confirm the booking, the Charterer must pay the amount established as a deposit or initial payment. The remaining balance must be paid before the start of the service or at the time of boarding, unless expressly agreed otherwise in writing.

In the event of total or partial non-payment, the Company may cancel the booking without entitlement to reimbursement of amounts already paid, without prejudice to claiming any outstanding sums.

7. SECURITY DEPOSIT

Depending on the type of service and the vessel, the Company may require a security deposit to cover damages, losses, extraordinary consumption, breaches or liabilities arising from the conduct of the Charterer or passengers.

The deposit shall be returned once the service has ended, after inspection of the vessel and equipment, deducting any amounts necessary to cover damages or liabilities.

8. INCLUSIONS AND EXCLUSIONS OF THE SERVICE

Unless expressly stated otherwise in the agreement, the price includes:

• Rental of the vessel for the contracted period.
• Skipper appointed by the Company.
• Mandatory safety equipment.
• Compulsory third-party liability insurance.
• Fuel corresponding to the established and scheduled routes for the contracted service.
• Additional water activities available on board (paddle surf, seabob or other equipment included in the vessel, subject to availability).

The price does not include, unless expressly agreed:

• Moorings outside the home port.
• Catering, beverages or other additional services requested by the Charterer.
• Port fees or paid moorings.
• Extraordinary cleaning resulting from improper use of the vessel.
• Additional fuel resulting from unscheduled routes, modifications requested by the
• Charterer and/or extensions of the contracted service.

Any extraordinary expense shall be communicated to the Charterer and must be paid by them.

9. ROUTES, MODIFICATIONS AND EXTENSIONS

The routes included in the service shall be those previously agreed and scheduled.

Any route modification, request for additional destinations, increased distance or extension of navigation time may generate additional costs, particularly in terms of fuel and/or extra service time.

Acceptance of additional routes shall always be subject to the skipper's approval and to weather and safety conditions.

10. OBLIGATIONS OF THE CHARTERER AND PASSENGERS

The Charterer undertakes to:

• Respect navigation and safety regulations.
• Maintain appropriate and respectful conduct on board.
• Comply with the instructions of the skipper and authorized personnel.
• Supervise minors and dependent persons.
• Inform in advance of any relevant medical condition that may affect the service.
• Respect the marine environment, avoiding throwing waste into the sea.

The Charterer shall be liable for damages or losses caused by themselves or by passengers.

11. ONBOARD SAFETY RULES

For safety reasons:

• The skipper may require the use of life jackets at any time.
• Minors must always be supervised by a responsible adult.
• It is prohibited to handle navigation equipment, radio, engine or technical elements without authorization.
• It is forbidden to jump into the water while the vessel is moving or in unsafe conditions.
• It is prohibited to navigate or remain in restricted areas.

The Company and/or the skipper shall always have the final decision regarding navigation, anchoring and return to port for safety reasons.

12. WEATHER CONDITIONS AND MARITIME SAFETY

The service is subject to favorable weather conditions and maritime safety.

In the event of adverse conditions preventing departure or making navigation unsafe, the Company may:

• Reschedule the service for another date (subject to availability), or
• Propose an alternative route, or
• Cancel the service for safety reasons.

If cancellation occurs due to adverse weather conditions that make safe performance impossible, the Charterer may choose a change of date or refund as established in the agreement.

Personal preference of the Charterer in weather conditions that allow safe navigation shall not constitute grounds for reimbursement.

13. CANCELLATIONS BY THE CHARTERER

Cancellations must be communicated in writing (email or other verifiable means).

Unless otherwise agreed in the contract, the following policy shall apply:

• Cancellation more than 30 days in advance: 90% refund of the amount paid.
• Cancellation between 30 and 15 days: 50% refund.
• Cancellation between 14 and 7 days: 25% refund.
• Cancellation less than 7 days in advance or no-show: no refund.

The Company may retain management expenses, committed reservations and already contracted services, as well as booking fees from third parties.

14. CANCELLATION BY THE COMPANY

The Company may cancel the service for technical reasons, breakdown, unforeseen unavailability, force majeure or any circumstances preventing proper performance.

In such case, the Charterer shall be offered:

• Change of date, or
• Alternative vessel of similar characteristics (if available), or
• Full refund of the amount paid.

Under no circumstances shall the Company be liable for indirect expenses of the Charterer (transport, accommodation, flights, etc.).

15. DAMAGES, LOSSES AND LIABILITY

The Charterer shall be responsible for any damage, loss or deterioration caused by themselves or passengers, as well as for any breach of safety or conduct rules.

The Company may claim compensation for damages caused, including repair costs, replacement or loss of use of the vessel if applicable.

Personal belongings of the Charterer and passengers shall be their sole responsibility. The Company shall not be liable for loss, theft or damage to personal items.

16. INSURANCE

The vessel is covered by the mandatory insurance required under applicable regulations.

Insurance may not cover damages or incidents arising from:

• Gross negligence or serious imprudence,
• Failure to follow the skipper's instructions,
• Excessive alcohol consumption,
• Improper use of equipment,
• Intentional acts. 17. PROHIBITIONS ON BOARD

The following are expressly prohibited:

• Use of illegal drugs,
• Transport of dangerous or flammable materials,
• Throwing garbage or waste into the sea,
• Handling technical equipment without authorization,
• Causing serious disturbances or disorder,
• Any illegal or dangerous activity.

Non-compliance may result in immediate termination of the service without entitlement to reimbursement.

18. EARLY TERMINATION OF THE SERVICE

The Company and/or the skipper may immediately terminate the service in the event of serious breach of these conditions or if there is a safety risk to passengers, the vessel or third parties.

In the event of early termination attributable to the Charterer or passengers, no refund shall be due.

19. DATA PROTECTION

Personal data shall be processed in accordance with the General Data Protection Regulation (GDPR) and other applicable legislation, in accordance with the data protection clause included in the agreement.

20. GOVERNING LAW AND JURISDICTION

These general terms and conditions shall be governed by Spanish law.

For any dispute arising from the interpretation or execution of the agreement, the parties expressly submit to the Courts of Palma de Mallorca, unless consumer protection regulations establish a different jurisdiction.

21. ACCEPTANCE

The Charterer declares that they have read and understood these general terms and conditions, fully accepting their content and undertaking to comply with them, as well as to inform the passengers of said conditions.