TERMS & CONDITIONS
The present general conditions of the contracting and attached internal regulations will govern the contract of accommodation and complementary services with the company BOAT HAUS-MEDITERRANEAN EXPERIENCE, S.L. (hereinafter, “BOAT HAUS”), with registered office at C / Tuset, 23, 1 – 08006 BARCELONA, NIF B-63270140, registered in the Mercantile Registry of Barcelona, volume 46549, folio 56, page B-523481, It is the owner and responsible for the operation, management and operation of the website www.boat-haus.com.
These general contracting conditions will be available to customers on the web www.boat-haus.com.
These general conditions are updated regularly by BOAT HAUS. BOAT HAUS recommends that every client read them regularly. The current version will be applicable to customers at all times.
BOAT HAUS recommends that all customers requesting their products or services know the information available online and / or contact BOAT HAUS by means enabled, via web or telephone, to be informed about the characteristics and conditions of the contracting of each product and service .
Access to the products and services described on the website may be restricted due to legal or regulatory, regulatory or risk limitations.
2. BOAT HAUS ACTIVITIES
BOAT HAUS carries out the following activities: rental of navigation means and provision of boat assistance services.
Customers who wish to stay in a boat are recommended to book in advance and have prior confirmation from BOAT HAUS. In case of reservation, the customer must pay a deposit (deposit) and provide the establishment with a credit card number to charge it.
The contract with BOAT HAUS is considered perfected by the concurrence of the offer and the acceptance of the parties, as well as the confirmation of BOAT HAUS.
Reservations made on our website or in the marketplaces (currently, Airbnb, Expedia and Booking) are effective, if applicable, after the corresponding fee charge. In case of rejection of the charge, BOAT HAUS may cancel the reservation. BOAT HAUS reserves the right to pre-authorize credit cards before arrival.
3.1. Applicable Rates
The prices per night of the boats are published on the website http: // www.boat-haus.com. The customer can check the final price with VAT at each available rate before confirming the contract. These prices may have special promotions and advantages on a frequent basis. BOAT HAUS continuously announces promotions and discounts both on its website and in the marketplaces where it currently publishes (Airbnb, Booking, Expedia).
These prices may vary between marketplaces and platforms in accordance with the provisions of the law and / or depending on the promotions established by each platform.
3.2. Rates do not include
– Personal extras
– Transfers from / to the airport.
– Life insurances
– Guide service
– Tourist taxes or fees.
3.3. Tourist tax
The tourist fee is not included in the price of the reservation or boat fare. The one in force in the municipality is applied and is paid locally. The amount for 2019 is [●] € per person and per night.
This rate applies only to people from 16 years old.
3.4. Opening hours
BOAT HAUS welcomes you 24 hours a day, 365 days a year.
The hours of attention in person are from Monday to Sunday from 9:30 a.m. to 9:00 p.m.
The stay is paid no later than the day of departure, there may be other payment methods depending on the promotions. For longer stays, invoices will be paid weekly.
We accept the following credit cards: Visa, Eurocard-Mastercard, American Express. Cash and bank transfer payments are also accepted.
Boat rates are per day. Failure to pay may result in immediate expulsion of the client, without prejudice to the legal actions available to BOAT HAUS for the collection of its debt.
3.6. Extra Nights
– If you want to stay on the boat for more days, please let us know in advance.
– The accommodation must be released (check-out) before 11: 00h on the day of departure.
– If the client does not release it before 11: 00h, he will have to pay an extra night, unless the parties have agreed otherwise.
For all ships it is mandatory to deliver a deposit (deposit) of € 100 per stay and boat at the time of check-in. This amount may vary slightly depending on the boat. The deposit is required in order to cover possible damages of any kind to the accommodation property. After the client leaves, this deposit will be returned within a period not exceeding 72 hours.
Without deposit, the client will not be allowed to check-in.
3.8. Cancellation and modification of reservation
A. Standard rate
In case of modification or cancellation of the reservation, all customers must inform at least 48 hours in advance. If the client does not inform in said term, he will have to pay the contracted rate. Stays initiated must be paid in full.
Delays in arrival or early departure may in no case result in a refund.
If the client cancels or modifies his reservation up to 48 hours before the date of arrival, BOAT HAUS will not charge the applicable fee, as long as the request has been made by email.
In case of cancellation or modification later than 48 hours before the arrival date, BOAT HAUS will charge the applicable rate.
In case of no show (no-show), BOAT HAUS may charge 100% of the stay, as indicated in the conditions of the applicable fare and may re-rent the boat.
B. Non-refundable rate
The total amount of the stay will be charged at the time of booking, this rate being non-modifiable, non-cancelable and non-interchangeable.
BOAT HAUS may re-rent the boat without delay in the following circumstances:
– Cancellation by the client.
– Modification of the reservation by the client.
– No client presentation.
– Customer error when making reservations (dates, number of rooms, type of room).
3.9. Cancellation / modification of duplicate reservation
In the case of a duplicate reservation due to an error by the client, the latter can modify / cancel the reservation made by mistake within 24 hours (excluding arrival the same day) after the reservation, BOAT HAUS being able to charge the expenses reasonable incurred by reason of change or cancellation.
3.10. Access to ships, entrances and exits
BOAT HAUS reserves the right of admission and will not tolerate guests whose behavior is loud, incorrect, alcoholic, contrary to morality and / or public order.
Any person wishing to stay at BOAT HAUS must prove their identity and their age, as well as that of the persons accompanying them. The customer cannot enter third parties not admitted by BOAT HAUS or authorized by the ship. The client cannot occupy a ship with a number of people greater than the one provided by the current regulations and / or according to the maximum capacity of the ship.
In case of breach of these rules, BOAT HAUS reserves the right to charge the responsible customer the accommodation rate corresponding to the number of people staying in excess, in the presence or absence of the client, at the rates in force at the time of the transgression. BOAT HAUS will charge the difference resulting from the applicable rate on the customer’s credit card.
Upon arrival, unless BOAT HAUS expressly accepts it, the client cannot occupy the ship before 3:00 p.m. The departure time is 11: 00h. (or until 3:00 p.m. with an additional charge of € 30), in any case regardless of the client’s arrival time.
At the time of departure, the customer must return the ship’s key and the night access and / or parking card, if applicable, in the same way as it was obtained (auto check-in and auto check-out). These keys must be properly guarded by the customer and in no case entrusted to a third party. In case of non-return or loss, BOAT HAUS will charge, on the customer’s credit card, € 20 per boat key or € 30 per parking key, as replacement thereof. In the same way, you can charge 30 euros for replacing the TV remote control.
The client is prohibited from stealing items from the ship. You must notify BOAT HAUS if you have stolen something by mistake and proceed to return it; otherwise, the corresponding amount will be charged to your credit card.
3.11. Children and minors.
Unless otherwise stipulated, children under 16 years of age may not make reservations without the prior authorization of their parents, guardians or legal representatives, who will be solely responsible for all acts performed by the minors in their care, including the completion of the forms with the personal data of said minors.
Children and minors will be under continuous custody and under the sole responsibility of the client.
It is strictly forbidden to leave them unattended on the ship.
3.12. Cots and extra beds
At the client’s request, BOAT HAUS can provide a cot at a rate of € 15 per day. The provision of a cot is subject to availability and can only be installed on request with 48 hours notice. A child up to 6 years old can stay for free using existing beds; after 6 years they will use their own bed and, in case of exceeding those existing on the boat, the customer must obligatorily request BOAT HAUS the use of an extra bed, which will be charged at a rate of € 30 per day.
The supply of an extra bed is subject to availability.
The maximum number of cribs on a ship is 1.
The maximum number of extra beds on a ship is 2.
Supplements are not automatically calculated in the total price of the reservation on the website and must be paid separately to BOAT HAUS (via the web or by phone).
3.13. Domestic animals
Pets are allowed on the property. The additional pet fee is € 10.
4. CLEANING OF BOATS
The boats will be cleaned in the morning, from 11:00 a.m. to 2:00 p.m.
It is excluded the daily cleaning of the kitchen and all its components (utensils, dishes, oven, microwave, refrigerator, cleaning supplies … etc.), Which is the responsibility of the client
5. DAMAGES AND DISEASES
The boats available to our customers are verified, functional and in perfect conditions of use. We ask customers to immediately inform BOAT HAUS of any lack of conformity they detect.
The customer will be responsible for any problems and damages caused. In case of damage, BOAT HAUS reserves the right to charge the customer for the cost of repair or replacement of the damaged property. This will be applied in the same way in case of damages found after the client’s departure, charging the amount of the repair or replacement on the client’s credit card and providing receipt of the charge upon request.
BOAT HAUS may require, in case of damage to materials, objects, furniture or goods belonging to BOAT HAUS, full reimbursement of damages plus a penalty of up to [●] € for repair management costs, in addition to the fee corresponding during the impossibility of renting the boats. In case of causing damage to other ships, the reimbursement of their accommodation fee will be required.
BOAT HAUS may also charge a cleaning fee of [●] € if the ship is left in an inappropriate state.
All our boats are non smoking. BOAT HAUS reserves the right to charge the amount of one night for additional soda or cleaning costs for the contravention of this rule by the client. It is forbidden to disassemble the fire detection devices and in case the fire alarm is triggered due to non-compliance with this rule, € 150 will be charged for the cost of restarting the fire detection system.
The persistence of the client in breaching this rule or any others that BOAT HAUS has communicated, will result in its immediate departure from the ship, without requiring any refund.
The client must pay the damages caused and the penalties that proceed by virtue of this clause directly to BOAT HAUS, notwithstanding that it has an insurance that reimburses said expenses for damages caused.
Discomfort and noise, even during the day, are prohibited. The client that causes discomfort or disorders will be invited to leave the ship immediately, without having any right to reimbursement. For the sake of the tranquility of the establishment, you can not make noise or discomfort between 22:00. at night and 8:00 a.m. in the morning, or whatever the ordinances of the place mark at all times. Any noise or discomfort that occurs, as well as theft, theft or damage, will be reported to the State Security Forces and Bodies. In the same way they will be activities of commerce or other not own of the lodging, or contrary to the moral and decorum, that is strictly prohibited.
6. FORCE MAJEURE
BOAT HAUS will not be liable to the client for delay or breach of their obligations arising from the accommodation contract that are the result of a force majeure event.
If the force majeure event prevents BOAT HAUS from providing its services for more than four weeks, it may proceed to terminate the accommodation contract without prejudice to other rights or resources that may apply, prior notification to the client.
Access to all information and services on the website is subject to the availability of normal use of online services, and the absence of events not attributable to BOAT HAUS, such as cases of force majeure, malicious acts, interruptions of communications electronic and / or telephone, total or partial unavailability of the server for any reason derived from misuse of services, among others.
BOAT HAUS does not guarantee the user access, availability or continuity in the connection of the website. Also, possible service interruptions, delays, malfunction, duplication of reservations due to system failure and any other problem not attributable to BOAT HAUS will not be the responsibility of BOAT HAUS.
7. RESPONSIBILITY OF BOAT HAUS
The responsibility of BOAT HAUS will be limited in any case to the amount paid by the client under the accommodation contract.
In no case will BOAT HAUS be responsible for the damage caused to the client due to inability to access or execute the accommodation contract in cases of force majeure, fortuitous event or other causes not attributable to BOAT HAUS. Similarly, it will not be liable for indirect, unpredictable or special damages, even if you have previously warned them. In particular, you will not be responsible for luggage or personal effects deposited on the ship or in the car parked in the port parking lot.
Any other type of liability is also excluded regardless of the legal nature of the claim made, without prejudice to the liability arising from the mandatory laws and without prejudice to any damages or actions attributable to BOAT HAUS for gross negligence or intent.
8. ASSIGNMENT AND SUBCONTRACTING
BOAT HAUS may, upon notification to the client, assign, transfer or negotiate its rights against the latter, to any third party. It may also assign or delegate its obligations arising from the contract, to third parties.
The client may not, unless prior written consent of the BOAT HAUS, assign, sublet or subcontract any of its rights derived from the accommodation contract.
In the event that a court or administrative authority determines that any clause of these conditions, or a part thereof, is invalid, void or unenforceable, such clause or part of the clause shall be deemed not placed, without affecting the validity and applicability of the other conditions clauses.
Any change or variation in these conditions, including the introduction of additional terms, will only be binding when agreed in writing by BOAT HAUS.
Unless otherwise specified, the rights derived from these conditions are cumulative and do not exclude the rights and actions provided by law.
The waiver of any right contained in these general conditions by BOAT HAUS will only be effective in writing and will not be considered waiving any breach or delay of the client that HAUS BOAT has tolerated, nor will it prevent or restrict the exercise of subsequent actions or resources.
12. COMMENTS, CLAIMS AND CONFLICT RESOLUTION PLATFORM
BOAT HAUS welcomes the comments of its customers. If for any reason the client is not totally satisfied with your stay, please notify us and we will do our best to give you satisfaction. If your claim cannot be resolved during your stay, you can notify us in writing, by sending a communication by:
– Certified mail with acknowledgment of receipt to the postal address: C / Tuset, 23, 1º – 08006 BARCELONA.
– Email to the address: firstname.lastname@example.org.
The contracting client of products or services via the Web is informed of the existence of an online dispute resolution platform in accordance with Article 14.1 of Regulation (EU) 524/2013.
The European Commission provides an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/odr/ and which indicates all the information necessary for the resolution of the dispute.
Without prejudice to other possible ways of resolution, consumers may submit their claims through said online dispute resolution platform.
13. APPLICABLE LAW AND JURISDICTION
These general conditions, any accommodation contract and any dispute or claim arising out of or in relation to them, will be governed and interpreted in accordance with Spanish law.
The parties irrevocably submit to the exclusive jurisdiction of (i) the courts of the domicile of the client when he is a consumer under Spanish law and (ii) the courts of the registered office of BOAT HAUS when the client has no consideration of consumer.