Terms and Conditions of Purchase

Note: This translation is provided solely for informational purposes to help Users understand the content. In case of discrepancies or differing interpretations, the original Spanish version shall prevail and constitutes the only legally binding reference.

 

INDEX

 

  1. Definitions

1.1. Clarifications

1.2. Acceptance of the CGU

  1. Purpose of the Service

2.1. Advertisement published by SAILING LIFE EXPERIENCE, S.L. where the Owner is Private.

2.2. Advertisement published by SAILING LIFE EXPERIENCE, S.L. where the Owner is Business.

  1. Access to the Service

3.1. Legal Capacity

  1. Use of the Service

4.1. Publication of an Advertisement

4.2. Insurance

4.2.1. Owner

4.2.2. Renter

4.3. Renter’s Reservation Offer and Boat Booking

4.4. User Reviews

  1. Obligations of the Parties

5.1. User Obligations

5.1.1. Specific Obligations of the Owner

5.1.2. Specific Obligations of the Renter

5.2. Obligations of SAILING LIFE EXPERIENCE

  1. Reservation Cancellation

6.1. Due to Force Majeure

6.2. At the Owner’s Initiative

6.3. At the Renter’s Initiative

6.3.1. If the Boat Does Not Match the Advertisement

6.3.2. In Case of Breakdown During the Reservation

6.4. By SAILING LIFE EXPERIENCE

  1. Rental Payment Conditions
  2. Service and Site Availability
  3. Liability

9.1. Limitation of Liability

9.2. Exclusions of Liability

9.3. Hyperlinks

  1. Force Majeure
  2. Confidentiality
  3. Suspension / Termination
  4. Personal Data
  5. Intellectual Property and Copyright

14.1. Intellectual Property and Copyright of SAILING LIFE EXPERIENCE

14.2. Intellectual Property and Copyright of Users and Third Parties

  1. Severability of Clauses
  2. Cookies and Local Storage When Accessing the Site
  3. User Conflicts
  4. Jurisdiction Clause – Applicable Law and Language

 

1. Definitions

The terms defined below, whenever used with an initial capital or lowercase, singular or plural, shall have the meaning assigned herein:

  • “Client or Renter”: Person who receives the Boat made available by the Owner.
  • “Contract or Experience”: Contract under which the Owner agrees, in exchange for payment, to make a Boat available to the Client. Presence of the Owner and/or Crew during the Contract period is mandatory. The Owner has extensive navigation experience, and the Owner’s qualifications are their sole and exclusive responsibility.
  • “Advertisement”: Rental offer published by the company responsible for the Website. All services and descriptors used have been tested by the responsible company. If the services or descriptors do not meet Client expectations, any liability or damage shall fall on the Boat Owner.
  • “Cancellation due to weather conditions”: Cancellation of a reservation due to a special weather report.
  • “Owner or Proprietor”: Individual(s) or legal entity/entities, professional or private, who operate the Boat in their own name and claim ownership to SAILING LIFE EXPERIENCE, S.L. Owners and Crew are presumed to have the status of Owners, as well as any other operator entrusted by the Owner. Proper title has not been shown to SAILING LIFE EXPERIENCE, S.L., and liability for damages or any physical element of the Boat rests exclusively with the Owner and not SAILING LIFE EXPERIENCE, S.L.
  • “Business Owner”: Refers to the term “Owner or Proprietor” when acting within a commercial or professional activity or representing a company. Equivalent to the term for entrepreneurs or professionals under VAT law.
  • “Private Owner”: Refers to the term “Owner or Proprietor” when not acting commercially or professionally. Not equivalent to the term under VAT law for entrepreneurs or professionals.
  • “Captain”: Person responsible for command, helm, logbook, compliance with regulations, and onboard safety. Professional or equivalent nautical qualifications are presumed. In case of lack of qualifications, any liability for performance falls solely on the person claiming command and, ultimately, on the Boat Owner who appointed the Captain.
  • “CGU”: Refers to these General Conditions of Use.
  • “SAILING LIFE EXPERIENCE, S.L.”: Spanish limited liability company NIF B-27.541.226, responsible for intermediation via commercial promotion and conclusion of rental contracts with Crew, and for the Website. The company is not responsible for the quality, services, condition, conduct, or other aspects offered by Owners. Any claims must be directed to the Owner. SAILING LIFE EXPERIENCE, S.L. guarantees mediation to safeguard Client and Owner interests.
  • “SAILING LIFE EXPERIENCE, S.L. Commissions”: Percentage applied to the Price collected by SAILING LIFE EXPERIENCE, S.L. as remuneration. This percentage may vary depending on contractual agreements with the Owner.
  • “Content”: Any text, graphic, image, video, information or other element published, transmitted, uploaded, or inserted by the Website administrator.
  • “Website Administrator”: SAILING LIFE EXPERIENCE, S.L.
  • “Boat”: Any watercraft offered for rental on the Platform (e.g., sailboats, floating houses, catamarans, etc.).
  • “Additional Options”: Optional services contracted by the Client in addition to the Price (food, beverages, special utensils, transport to the Boat, indigenous reserve entry fees, tips, personal expenses, etc.).
  • “Crew”: Persons, with or without employment, engaged directly in the operation of the Boat. Professional or equivalent qualifications are presumed. Any liability for lack of qualifications rests solely with the Crew and ultimately the Owner.
  • “Flag”: Legal nationality of the Boat determining applicable onboard law (tax, equipment, Captain’s authority). Display of the flag does not exempt compliance with the law of the waters navigated.
  • “Price”: Price published in the Advertisement, including SAILING LIFE EXPERIENCE, S.L. commission, excluding Additional Options.
  • “Service”: (i) Intermediation platform between Owners and Renters to facilitate Rental; (ii) tool for reservation and payment management.
  • “Site”: Comprises the Website https://sailinglifeexperience.com, Instagram profile @sailinglifeexperience, WhatsApp +34 681 909 049, and email info@sailinglifeexperience.com.
  • “User”: Any Renter or Owner using the Service through the Site.

Clarifications

  • All adjectives in the Advertisements are subjective and do not guarantee Client expectations.
  • Activities organised by the Owner or Crew do not ensure Client satisfaction. SAILING LIFE EXPERIENCE, S.L. is not responsible for any resulting damages.
  • Food quality provided by the Owner or Crew is not guaranteed. Complaints must be addressed to the Owner or Crew.
  • Availability of certain food products may be restricted by local regulations, Kuna community rules, or stock limitations.
  • Culinary preparations by the Crew do not guarantee Client satisfaction.
  • Navigation is subject to the Owner’s discretion based on weather and Boat conditions.
  • Use of the Boat, equipment, and supplies (water, etc.) is subject to the Owner’s authorisation regarding safety, sustainability, and non-pollution.
  • Communication must be polite, respectful, and in the language indicated when booking. The Owner may take necessary measures, including disembarkation, and the Client may claim any damages.
  • Client safety onboard is the Owner’s responsibility. SAILING LIFE EXPERIENCE, S.L. is not responsible but will mediate conflicts if necessary.

Acceptance of the CGU

Use of the Service and Site is subject to these General Conditions of Use (CGU). The CGU constitute a Contract governing the relationship between the User and SAILING LIFE EXPERIENCE, S.L., superseding any previous provisions. In case of contradiction between Site information and the CGU, the CGU prevail.

Full acceptance of the CGU is understood to occur when the User ticks the box “I accept the general conditions” during a reservation. If not ticked, contracting the Service is impossible and legally null. SAILING LIFE EXPERIENCE, S.L. may modify the CGU at any time; such modifications take effect upon publication on the Site. Continued use implies tacit acceptance by the User of the updated CGU.

2. Purpose of the Service

 

The Service consists of an intermediation platform between Owners and Renters intended to facilitate the Rental of Boats with Captain and Crew, as well as the management of payments between Users.

 

Each User understands and accepts that SAILING LIFE EXPERIENCE, S.L. acts and will continue to act as a third party with respect to the Contract entered into between an Owner and a Renter. Each User agrees to comply with the conditions and clauses established in the Contract.

 

In this regard, SAILING LIFE EXPERIENCE, S.L. cannot under any circumstances be considered responsible for the User’s compliance with contractual obligations, nor substitute the User in fulfilling them.

 

  • Advertisement published by SAILING LIFE EXPERIENCE, S.L. where the Owner is Private.

 

When the Boat offered by SAILING LIFE EXPERIENCE, S.L. belongs to a Private Owner, Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, does not apply, since the relations between consumers and Users with private individuals are not included in its scope.

 

Renters are advised to consult the cancellation policy established by SAILING LIFE EXPERIENCE, S.L. regarding Private Owners, which may, in certain cases, provide for refund conditions under specific requirements.

 

The relationship between the Renter and the Private Owner is governed by the provisions of the Royal Decree of 24 July 1889, publishing the Civil Code (hereinafter, “Civil Code”) regarding Contracts (Articles 1088 et seq.) and contractual liability (Articles 1101 et seq.); or extracontractual liability (Articles 1902 et seq.).

 

  • Advertisement published by SAILING LIFE EXPERIENCE, S.L. where the Owner is Business.

 

When the Boat offered by SAILING LIFE EXPERIENCE, S.L. belongs to a Business Owner, Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, applies, although relations between consumers and Users with private individuals are not included.

 

Similarly, Renters are advised to consult the cancellation policy established by SAILING LIFE EXPERIENCE, S.L. regarding Business Owners.

 

3. Access to the Service

 

Users of the SAILING LIFE EXPERIENCE, S.L. platform undertake to provide truthful and accurate information. SAILING LIFE EXPERIENCE, S.L. assumes no responsibility regarding verification of the identity and/or accuracy of information provided by Users and reflected in the Advertisements. For transparency and fraud prevention, and within applicable legal frameworks, SAILING LIFE EXPERIENCE, S.L. may request an official identity document or other information from Users, and carry out checks to verify their identity and background using third-party databases or external sources.

 

Furthermore, it should be noted that the Client or Renter must have a valid email address, an operational mobile phone during the entire Contract or Experience, a valid Passport, accept these CGU, and pay the Price (including SAILING LIFE EXPERIENCE, S.L. commissions).

 

Failure, delay, or refusal to provide such information will automatically result in the suspension of SAILING LIFE EXPERIENCE, S.L.’s intermediation regarding the Contract or Experience, with no right to any refund or compensation for possible damages.

 

  • Legal Capacity

 

The Service is reserved for adults or emancipated minors with full legal capacity, as well as legal entities that can accept these CGU without reservation.

 

Minors under the custody of Service users may accompany them. They are not, under any circumstances, part of the Contract between the Owner and the Renter.

 

Minors not under the custody of Service users who wish to accompany them in the Experience must obtain express authorisation from their parents,

 

SAILING LIFE EXPERIENCE, S.L. is not responsible for compliance with the above or any possible damages caused by minors during the Experience. In all cases, the Renter assumes responsibility for any damages or losses caused.

4. Use of the Service

 

  • Publication of an Advertisement

 

SAILING LIFE EXPERIENCE, S.L. is responsible for publishing one or more Advertisements offering a Boat. The information contained in the Advertisements has been verified by SAILING LIFE EXPERIENCE, S.L., and the Owners undertake to maintain and offer all the content listed in the Advertisements.

 

If the Owner cannot offer or maintain what is published in the Advertisement, they must notify SAILING LIFE EXPERIENCE. This ensures that each Advertisement faithfully reflects the characteristics of the service offered (including Price, Boat condition, etc.). Each Owner is solely responsible for the content of Advertisements published on the Site and the accuracy and truthfulness of the information contained therein. Business Owners are reminded of their obligation to comply with consumer protection law, particularly avoiding misleading commercial practices. The Service provided by SAILING LIFE EXPERIENCE, S.L. is limited to intermediation.

 

SAILING LIFE EXPERIENCE, S.L. assumes no responsibility for misleading or inaccurate content in an Advertisement. SAILING LIFE EXPERIENCE, S.L. does not guarantee to any User that the Boat and services offered in the Advertisement match reality.

 

In Boat rentals, the Price is freely chosen by the Owner. It includes the SAILING LIFE EXPERIENCE, S.L. Commission. The total Price to be paid by the Renter, including (i) the amount due to the Owner and (ii) the commission, will be shown in the Advertisement on the Site.

 

This Price includes all taxes and excludes additional options, unless otherwise specified in the Advertisement.

 

The legal currency for contracting the Service shall be that specified in the Advertisement.

 

Users understand, acknowledge, and accept that only the Boat, equipment, and what is offered in the Advertisement are subject to the Rental Contract.

 

  • Insurance

 

  • Owner

 

The Owner agrees to offer only a Boat covered by insurance for rental activities, regardless of the User’s nationality or navigation area. The Owner agrees to inform their annual recreational insurance about rental activities. SAILING LIFE EXPERIENCE, S.L. is not responsible if the Owner fails to contract sufficient insurance coverage. In case of liability, claims must be directed to the Owner.

 

  • Renter

 

The Renter, if applicable, shall contract insurance for the Experience. SAILING LIFE EXPERIENCE, S.L. is not responsible if the Renter fails to contract sufficient insurance coverage. In case of liability, claims must be directed to the Renter.

 

  • Renter Reservation Offer and Boat Booking

 

The Renter selects a Boat, start and end dates, name, surname, identification number, email, phone number, number of adults, number of children, how they learned about SAILING LIFE EXPERIENCE, S.L., and any other observations. This constitutes a Boat Reservation Offer.

 

By making a Reservation Offer, SAILING LIFE EXPERIENCE, S.L. will confirm (or deny) availability for the requested dates and indicate how to formalise and confirm the Reservation Offer.

 

To formalise and confirm the Reservation Offer, an initial deposit of 20% of the Price must be paid via bank card or transfer. SAILING LIFE EXPERIENCE, S.L. will confirm the reservation via email and provide relevant information, including transportation to the Boat, outstanding payments, included and excluded services, cancellation alternatives, and additional advice.

 

  • User Reviews

 

Each User may review SAILING LIFE EXPERIENCE, S.L. for services provided and other Users with whom they have contracted a Rental, through written comments and/or ratings. Reviews will be published on https://sailinglifeexperience.com/

5. Obligations of the Parties

 

  • User Obligations

 

The User undertakes to:

 

  • Use the Site and the Service in accordance with these CGU and applicable law.
  • Provide truthful, lawful, objective information in compliance with applicable legislation (including rules against insults, incitement to hate, racism, etc.).
  • Act in good faith in using the Site and the Service.
  • Comply with administrative, environmental, health, tax, and any other formalities established by the legislation of the country relevant to the Boat, rental service, or any other conflict arising from the Experience.
  • Provide SAILING LIFE EXPERIENCE, S.L. with the signed Contract and any other documents required to respond to potential claims by the Owner or any third party.
  • Draft and sign a Rental Contract on the day of the Experience. The Renter may write any reservations in the Contract. Each User must independently archive the information consulted on the platform for proof, accounting, and other purposes.

 

  • Specific Obligations of the Owner

 

The Owner undertakes to:

  • Be able at any time to prove ownership of the Boat.
  • If applicable, have properly registered the Boat with the competent authorities.
  • Offer only equipped, well-maintained Boats up to date with inspections, with safety equipment according to navigation category, and regular maintenance in compliance with applicable regulations.
  • Keep available for the Renter and authorities, if inspected, the Special Verification Record and an up-to-date logbook.
  • Maintain a valid liability or comprehensive insurance and present a valid certificate upon request.
  • Verify the identity of the Renter before signing the Rental Contract and ensure the name on the Contract matches the identification provided by the Renter.
  • Determine with the Renter the geographic navigation area, check the weather report before departure, and provide necessary information for safe navigation.
  • Provide the Renter with a Contract outlining the object and conditions of the Service.
  • Provide SAILING LIFE EXPERIENCE, S.L. with the signed Contract and any documents required for responding to claims by the Renter or any third party.
  • Inform the Renter in the Contract of any liability limitations of their insurer. SAILING LIFE EXPERIENCE, S.L. may require the full refund of any advance Price paid to the Owner if requested documentation is not provided. The Owner shall comply with tax and social obligations according to the legislation of the country where the Experience takes place. SAILING LIFE EXPERIENCE, S.L. is not obliged to provide legal or tax advice and will not be liable in this regard. The Owner must also issue an invoice to the Renter upon request.

 

  • Specific Obligations of the Renter

 

The Renter undertakes to:

  • Pay any remaining balance of the Price and deliver it upon boarding the Boat.
  • Be the holder of the bank card used to pay the advance Price or the holder of the bank account used for the transfer.
  • Notify SAILING LIFE EXPERIENCE, S.L., via email: info@sailinglifeexperience.com, within 24 hours after the start of the reservation, of any disagreement regarding the Advertisement or Boat, to agree on and refund the corresponding portion of the Price.
  • Pay any fines arising from violations committed during the Experience.
  • Use the Boat diligently and according to current maritime regulations.
  • Have valid personal insurance.
  • If not provided by the Owner, request from them and/or SAILING LIFE EXPERIENCE, S.L. a Contract regulating the object and conditions of the Service.
  • Have no medical impediments to navigation and not board persons with contraindications unless ensuring the Boat is suitable for them.
  • Comply with fiscal and social obligations established by the legislation of the country where the Experience takes place. SAILING LIFE EXPERIENCE, S.L. does not provide advice and is not responsible in this regard.

 

  • Obligations of SAILING LIFE EXPERIENCE, S.L.

 

SAILING LIFE EXPERIENCE, S.L. undertakes to:

  • Ensure the Site functions correctly.
  • Respond to User requests as quickly as possible.
  • Transfer the Owner Price to the Owner (if not paid directly by the Renter).
  • Refund the Renter in cases established in these CGU.
  • Draft a Rental Contract if requested by any party.

 

6. Reservation Cancellation

 

Any cancellation must be previously notified in writing to SAILING LIFE EXPERIENCE, S.L. via email: info@sailinglifeexperience.com. A cancellation will be effective only after an email from SAILING LIFE EXPERIENCE, S.L. confirming it.

 

  • Due to Force Majeure

 

If circumstances constituting force majeure or significant deterioration of weather conditions occur, preventing safe navigation of the Crew and/or Boat and/or Renter, any User may request (provided it is communicated at least 5 calendar days before the start of the Experience): (i) postponement of the reservation to a later date within the next twelve months, or (ii) cancellation of the reservation, after providing written justification of such circumstances to SAILING LIFE EXPERIENCE, S.L. SAILING LIFE EXPERIENCE, S.L. will assess, together with the Owner, the justifications provided by the Renter and determine, at their discretion, whether they are valid.

 

If sufficiently justified, the Price paid by the Renter will be refunded. Otherwise, no refund will be issued. All contracting parties agree and accept the consequences stated herein.

 

SAILING LIFE EXPERIENCE, S.L. cannot be held responsible in this regard. In case of cancellation due to a special weather bulletin preventing any sailing, SAILING LIFE EXPERIENCE, S.L. will refund the Renter, within fifteen (15) days via bank transfer, the advance Price paid minus the SAILING LIFE EXPERIENCE, S.L. Commission. The Owner will not receive their portion of the Price (Price minus the Commission).

 

  • At the Owner’s Initiative

 

The Owner cannot cancel an accepted reservation, except in cases of force majeure. If for serious personal reasons, accepted by SAILING LIFE EXPERIENCE, S.L., the Owner cancels a reservation, SAILING LIFE EXPERIENCE, S.L. will attempt to offer the Renter an alternative Boat of equivalent features for the affected dates. If no alternative is available, the full advance Price paid by the Renter will be refunded.

 

If no alternative is found or the reasons for cancellation are not deemed serious, the SAILING LIFE EXPERIENCE, S.L. Commission will still be charged to the Owner and deducted automatically from their next transaction. If the cancellation is due to the Renter not being able to provide required qualifications, the cancellation will be considered justified. The Renter cannot claim a refund, and the Owner receives the Price minus the SAILING LIFE EXPERIENCE, S.L. commission.

 

If no alternative solution exists or the cancellation is due to inadequate navigation skills and enjoyment of the Experience, verified by the Owner and Crew under real conditions, the cancellation will be considered justified. In this case, the Renter will not receive any refund.

 

  • At the Renter’s Initiative

 

The Renter may cancel the reservation according to the cancellation conditions defined by the Owner. SAILING LIFE EXPERIENCE, S.L. will refund the Renter according to those conditions, deducting the SAILING LIFE EXPERIENCE, S.L. Commission, within a maximum of fifteen (15) days.

 

  • If the Boat Does Not Match the Advertisement

 

If the Boat does not match the Advertisement, shows an apparent and obvious maintenance defect, or lacks required safety equipment according to its category/flag, the Renter must notify SAILING LIFE EXPERIENCE, S.L. within 12 hours after the start of the Experience and provide supporting evidence.

 

The Renter must decide whether to maintain or cancel the Rental. If they choose to maintain it, no refund can be requested for any reason. If the Renter decides to cancel, the Owner agrees to fully refund the Price paid (including the commission to SAILING LIFE EXPERIENCE, S.L.) within fifteen (15) days via bank transfer.

 

Under these circumstances, the Owner cannot claim from SAILING LIFE EXPERIENCE, S.L. the commission paid to the Renter.

 

  • In Case of Breakdown During the Reservation

 

If the rental Contract is with a Private Owner and the Boat suffers a serious breakdown preventing its use for more than twenty-three (23) hours, the Renter may cancel the Contract. No other form of damages shall be considered.

 

The Renter must decide whether to maintain or cancel the Rental. If they maintain it, no refund can be requested. If they cancel, the Owner agrees to fully refund the Price paid (including the commission to SAILING LIFE EXPERIENCE, S.L.) within fifteen (15) days via bank transfer.

 

Under these circumstances, the Owner cannot claim the commission paid to the Renter from SAILING LIFE EXPERIENCE, S.L.

 

  • By SAILING LIFE EXPERIENCE, S.L.

 

In some cases, SAILING LIFE EXPERIENCE, S.L. may cancel a reservation (e.g., termination of collaboration with an Owner, CGU breaches by a User, etc.). SAILING LIFE EXPERIENCE, S.L. will attempt to provide an equivalent alternative to the Renter. If impossible, the Renter will be fully refunded (including the SAILING LIFE EXPERIENCE, S.L. commission) without SAILING LIFE EXPERIENCE, S.L. being held liable or responsible for additional damages.

7. Rental Payment Conditions

 

Payment of the Price by the Renter is made for each reservation in advance via bank card on the platform, or via bank transfer or Wise, as soon as the Owner (through SAILING LIFE EXPERIENCE, S.L.) accepts the Reservation Offer. Three payment methods are established for the Renter. They are mandatory and not optional.

 

The first payment method is:

 

  • Payment via the Site’s payment platform, bank transfer, card, or Wise indicated by SAILING LIFE EXPERIENCE, S.L., amounting to 20% of the Price when making the reservation.
  • Payment of the remaining 80% in cash upon boarding the Boat.

 

The second payment method is:

 

  • Payment via the Site’s payment platform, bank transfer, card, or Wise indicated by SAILING LIFE EXPERIENCE, S.L., amounting to 20% of the Price when making the reservation.
  • Payment via bank transfer, card, or Wise of 30% of the Price according to the Crew’s instructions, due at the latest six months before boarding.
  • Payment of the remaining 50% in cash upon boarding the Boat.

 

The third payment method is:

 

  • Payment via the Site’s payment platform, bank transfer, card, or Wise indicated by SAILING LIFE EXPERIENCE, S.L., amounting to 20% of the Price when making the reservation.
  • Payment via bank transfer, card, or Wise of 30% of the Price according to the Crew’s instructions, due at the latest six months before boarding.
  • Payment via bank transfer, card, or Wise of 50% of the Price according to the Crew’s instructions, due at the latest two weeks before boarding.

 

The Renter accepts that any refund requests must be directed to the Owner.

 

SAILING LIFE EXPERIENCE, S.L. will issue, if requested, an invoice to the payer corresponding to the SAILING LIFE EXPERIENCE, S.L. Commission.

8. Service and Site Availability

 

SAILING LIFE EXPERIENCE, S.L. undertakes to make its best efforts to ensure the Service and Site are available 24/7, except for necessary corrective or evolutionary maintenance. Users are informed that, like any IT application, the Site and Service may experience dysfunctions, anomalies, errors, or interruptions, including connectivity issues. Consequently, SAILING LIFE EXPERIENCE, S.L. does not guarantee permanent availability. Users cannot hold SAILING LIFE EXPERIENCE, S.L. liable for such issues, even if damages occur.

9. Liability

 

  • Limitation of Liability

 

SAILING LIFE EXPERIENCE, S.L. is not a party to rental Contracts between Users and, therefore, is not responsible for the Users’ behaviour, the Boat, its condition and equipment, the success of services provided onboard, product quality, or nautical management. In case of incident, Users cannot hold SAILING LIFE EXPERIENCE, S.L. responsible. SAILING LIFE EXPERIENCE, S.L. is not liable for delays or disputes between Users. Except for exclusions in these CGU, SAILING LIFE EXPERIENCE, S.L.’s liability regarding the Site or Service cannot, except in cases of gross negligence or intent, exceed the total amount invoiced by SAILING LIFE EXPERIENCE, S.L. to the User for the rental giving rise to the liability. SAILING LIFE EXPERIENCE, S.L. is never liable for indirect damages, even if informed of potential risks. Users acknowledge that the Price is based on these liability limitations and exclusions.

 

  • Exclusions of Liability

 

In addition to the cases in these CGU, SAILING LIFE EXPERIENCE, S.L. is not liable for:

 

  • Site and/or Service unavailability.
  • Fraudulent third-party intrusion into the Site and/or Service.
  • Non-conformity of the Boat’s condition with the Advertisement.
  • Failure of Users to complete administrative and health procedures. SAILING LIFE EXPERIENCE, S.L. is not responsible for Users’ compliance with fiscal and social obligations or for providing related advice.

 

  • Hyperlinks

 

The Site may include links to other websites or external sources. SAILING LIFE EXPERIENCE, S.L. has no control over these sites or sources and is not responsible for their content, advertising, products, Services, or any other element. SAILING LIFE EXPERIENCE, S.L. is not liable for any damages or losses related to accessing, using, or trusting these contents, goods, or Services. SAILING LIFE EXPERIENCE, S.L. is only responsible for hyperlinks it creates. Any issue with a link not created by SAILING LIFE EXPERIENCE, S.L. must be addressed to the corresponding webmaster.

10. Force Majeure

 

The parties agree that the following, among others, constitute cases of force majeure:

 

  • Special weather bulletins preventing all sailing departures.
  • Legislative and regulatory changes.
  • Refusal to perform the service by the Kuna community.
  • Natural disasters, fires, storms, floods, wars and acts of terrorism, disease, power surges and electrical discharges, failures in refrigeration systems and IT equipment, network blocks or slowdowns.
  • In general, any unforeseeable event beyond the control of SAILING LIFE EXPERIENCE, S.L. and the Users.

11. Confidentiality

 

SAILING LIFE EXPERIENCE, S.L. undertakes to keep all information collected during the Service confidential. It will not use any User data for purposes other than the Service, and in particular will not sell this data to third parties for commercial purposes, unless required by law or any administrative or judicial authority.

12. Suspension / Termination

 

The User acknowledges that SAILING LIFE EXPERIENCE, S.L. has the right to terminate its contractual relationship with the User, by email and without further formality, for any reason, in particular:

  • In case of breach of the CGU.
  • In case of especially negative evaluations from other Users.
  • In case of continuous or prolonged anomalies and discrepancies regarding the service offered by the Owner compared to the Advertisement.
  • In case of discontinuation of the Site and/or Service by SAILING LIFE EXPERIENCE, S.L.

13. Personal Data

 

SAILING LIFE EXPERIENCE, S.L. may not transmit personal data to any third party without the User’s express consent. The data controller is SAILING LIFE EXPERIENCE, S.L. via its representative. Under the General Data Protection Regulation (GDPR), Users have the right to access, modify, rectify, and delete their personal data, which can be exercised by contacting info@sailinglifeexperience.com. Users may receive commercial offers from SAILING LIFE EXPERIENCE, S.L. and may opt out at any time via the same email. SAILING LIFE EXPERIENCE, S.L. collects certain personal data according to applicable law. By using the Site and contracting the Service, Users consent to this processing.

14. Intellectual Property and Copyright

 

  • Intellectual Property and Copyright of SAILING LIFE EXPERIENCE, S.L.

 

“SAILING LIFE EXPERIENCE, S.L.” and the logo appearing on the Site are the exclusive property of SAILING LIFE EXPERIENCE, S.L. No licence is granted to Users. SAILING LIFE EXPERIENCE, S.L. owns intellectual property rights related to the Service and the Site, including software, ergonomics, design, graphic elements, logo, and Site layout. Users must not infringe on SAILING LIFE EXPERIENCE, S.L.’s intellectual property rights. The Owner is solely responsible for the Content and guarantees SAILING LIFE EXPERIENCE, S.L. against any claims regarding infringement of third-party rights and applicable law, indemnifying SAILING LIFE EXPERIENCE, S.L. for any losses, damages, and legal fees incurred. Each User grants a free, non-exclusive right to reproduce, display, modify, translate, adapt, and sublicense Content during the copyright term worldwide, on any medium, digital, analogue, or paper, for commercial or non-commercial purposes.

 

  • Intellectual Property and Copyright of Users and Third Parties

 

SAILING LIFE EXPERIENCE, S.L. respects intellectual property rights and requests that its Users do the same. Users agree to respect the copyright of other Users and third parties, as defined in the Intellectual Property Code. SAILING LIFE EXPERIENCE, S.L. reserves the right to block access to Users who violate or are repeatedly accused of violating copyright or other intellectual property rights of third parties. Claims of copyright infringement by a User will be addressed after formal notification sent to info@sailinglifeexperience.com.

15. Severability of Clauses

 

If one or more stipulations of the CGU are declared null by law, regulation, or final judicial decision, the remaining stipulations shall retain full force and effect to the extent permitted by such decision. Moreover, the fact that one party does not enforce a breach of the CGU by the other party cannot be interpreted as a waiver to enforce such breach in the future.

16. Cookies and Local Storage when Accessing the Site

 

A cookie (or “local storage” or “cookies”) may be automatically installed and temporarily stored on the User’s memory or hard drive to facilitate navigation on the Site. Cookies are used to record information about Site usage (e.g., pages visited, access date and time, etc.). Users have the right to object to cookie registration by configuring their browser settings. However, this action will delete all cookies used by the browser, including those from other websites, which may affect or remove certain settings or information. Deleting cookies may alter or hinder the User’s navigation on the Site.

17. Disputes Between Users

 

In the event of a dispute between an Owner and a Renter regarding the execution of a reservation, Users are encouraged to seek an amicable resolution.

 

The SAILING LIFE EXPERIENCE, S.L. platform will facilitate dialogue between Users via email and/or telephone.

 

The SAILING LIFE EXPERIENCE, S.L. team may, at the request of a User, act as a facilitator, helping the parties exchange information constructively (e.g., providing supporting documents, such as a special weather bulletin in case of cancellation due to weather) or reminding them of applicable provisions of the Terms of Use.

 

However, SAILING LIFE EXPERIENCE, S.L. does not take sides or act as a “judge” or “arbitrator” in resolving disputes between Users.

 

Nevertheless, SAILING LIFE EXPERIENCE, S.L. may detect breaches of the Terms of Use based on objective elements and take appropriate measures in accordance with these Terms.

 

Furthermore, in case of a dispute between an Owner and a Renter regarding a User review, SAILING LIFE EXPERIENCE, S.L. reserves the right to remove any comment that violates current rules (racist, discriminatory, contrary to public morals or public order) at its sole discretion.

 

In the absence of an amicable resolution, Users retain the possibility to resort to other dispute resolution methods or submit the matter to competent courts.

18. Jurisdiction Clause – Applicable Law and Language

 

All Contracts and legal relationships with SAILING LIFE EXPERIENCE, S.L., as well as these General Conditions of Use, are governed by Spanish law and the Spanish language. Any translation is purely informative. In the event of a dispute with SAILING LIFE EXPERIENCE, S.L., Users agree to contact the Site representative to seek an amicable solution before resorting to the courts. If no amicable solution is reached, the User waives any other jurisdiction and agrees to submit the matter to the courts of the city of Seville.

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