Conditions and guarantees of La Polar Charter
Our goal is to offer you the best service with total guarantee
Terms and Conditions
ALEJANDRO FROWEIN DEL PINO, holder of DNI 46.954.737F, with address at PO Box No. 93 of 07830 Sant Josep de Sa Talaia, who will appear in commercial traffic on behalf of "LA POLAR SAILING"; owner of the website www.lapolarcharter.com applies the following terms and conditions to its customers / users.
With the hiring of any LA POLAR SAILING service, the client / user fully and unreservedly accepts these terms and conditions, (including the section referring to privacy).
The total acceptance of the client / user and without reservations of these "T & C" is considered granted if the user has marked "I accept the terms and conditions" when creating a user account, subscribe an offer or make a reservation.
The conditions of the service and the hiring come into force at the moment in which the client / user generates the reservation form.
Scope of services
LA POLAR SAILING provides an online platform, where the nautical companies offer their boats, and the clients / users of the website can rent the boats. LA POLAR SAILING is dedicated to the management of boat rental reservations (not to the provision of the leasing service itself), managing the total or partial collection of said leases.
LA POLAR SAILING acts as an intermediary between the client / user (hereinafter, the Client) and the final service provider (hereinafter, Nautical Company). The client reserves a boat through the website www.lapolarcharter.com, to subsequently hire the boat with the nautical company, under the conditions set by it, in exchange for the agreed price. The client establishes a direct contractual relationship with the nautical company. The leasing contract is perfected between the client and the nautical company, so LA POLAR SAILING does not intervene, nor is it a party.
All the boats that appear on www.lapolarcharter.com are offered by LA POLAR SAILING as a mediator, and their responsibility is limited to putting the client in contact with the nautical company, who is the only and directly responsible for the provision of said service. LA POLAR SAILING is not responsible for the provision of the service and, therefore, does not guarantee, nor is it responsible for, the breach or the non-exact fulfillment of the service contracted by the nautical company, with whom the client contracts.
In any case, LA POLAR SAILING requires all the nautical companies to provide a good service, in full compliance with industry standards and the lease agreement. The breach of these obligations by the nautical companies, empowers LA POLAR SAILING to dispense with these boats.
The nautical company additionally and expressly entrusts LA POLAR SAILING with the management of total or partial payment to the client for the contracted rental services, as well as the blocking of the corresponding reserve. The hiring of other services or extras may also be charged by LA POLAR SAILING. In the event that the nautical company requests a bail from the client, it will be charged directly by the nautical company.
The client expressly accepts this limitation of responsibility of LA POLAR SAILING and that, for this reason, he is only responsible for the management and formalization of the reservation of the chosen vessel, and for the management of reservation and lease collection in accordance with the conditions and parameters established and the characteristics announced. The client knows that the final service provider may not be able to accept the reservation, in which case LA POLAR SAILING will offer the client alternative boats or the full refund of the amount, if any, blocked and / or paid.
The nautical company is responsible for the information (prices, configuration, features, extras, etc.) included in www.lapolarcharter.com with respect to their boats.
LA POLAR SAILING does not verify said information and, consequently, it is the exclusive responsibility of the nautical company that this information is true and correct. The client accepts that any claim in this regard will be made directly and exclusively against the nautical company.
LA POLAR SAILING does not guarantee that the visible boats on the web, nor those that the nautical company has marked as unblocked, are available. The web works as a catalog displaying all boats whether they are available or not. The client will receive a confirmation email to ensure the availability of the boat. A vessel is not officially confirmed until it has been paid and the client has received a reservation confirmation email.
Reservation and contracting
The reservation process with LA POLAR SAILING or www.lapolarcharter.com and subsequent contracting with the nautical company is as follows:
- Enter at http://www.lapolarcharter.com
- Select a boat
- Specify the dates and, if applicable, the extras and fill in the form.
- Confirm the reservation information.
- In 24 hours the client / user will obtain the confirmation of LA POLAR SAILING as the nautical company has accepted or not the reservation.
- Pay (or accept the blockade) the amount of the lease of the vessel or the part that is reported on the web
- The client will receive the lease contract prepared and facilitated by the nautical company and all the necessary information to be able to enjoy the rented boat.
The client acknowledges that the provision of the service will be borne exclusively by the nautical company, in accordance with the contract they sign and that, therefore, the latter is solely responsible for it.
LA POLAR SAILING will not request personal or curricular documentation from clients, but they must provide the data and documents requested by the nautical company for the purpose of completing the lease contract. We Simply ask customers to fill out a form with the basic information, full name, email and phone number to communicate with them.
Obligations of the parties
The client / user expressly accepts that:
- LA POLAR SAILING can transmit all the personal data provided to the nautical company, so that it can carry out the lease contract.
- Must show the information and qualifications that are required.
- You must make the payments of the amounts corresponding to the contracted services in the terms reported at the time of booking and / or hiring.
- Must make proper use of services and, where appropriate, have the appropriate titles or licenses to use the boat.
- You must pay for all services as indicated by LA POLAR SAILING and the subsequent lease contract, as well as those made during the journey and not expressly included in the offer such as skipper, fuel and water, moorings outside the base port, fees, as well as all other requested services, according to the lease agreement.
The nautical company is committed to:
- Provide precise and accurate information about the boats offered on the page.
- Provide the client with the lease in a maximum period of 48 hours.
- Have all the permits and licenses that are necessary for the development of your activity.
- Accept or reject the offer of a client within a maximum period of 24 hours from the formalization of the reservation on the website.
In accordance with the current legislation on data protection, we inform you that the personal data that the client provides through any form on the web or any other means, will be incorporated into a file owned by LA POLAR SAILING with the purpose of managing the requested service and to keep you informed about other services and products that may be of interest to you.
All customers can exercise the rights of access, rectification, opposition and cancellation by directing, by mail to LA POLAR SAILING, PO Box No. 93 of 07830 Sant Josep de Sa Talaia, Ibiza; or through the e-mail firstname.lastname@example.org
On the part of the client
In the case of withdrawal of the reservation by the client, the expenses for the cancellation of the service will be those that appear in the lease signed with the nautical company.
To process the cancellation, LA POLAR SAILING will charge 150€ in management costs to the client, or, failing that, if it is less than that amount, the total amount paid as a reservation.
Cancellations will be processed by email sent to email@example.com and will be attended within a maximum period of 48 hours. In the event of cancellation being accepted, and within a maximum period of 5 working days, the client will receive the refund amount agreed upon in the lease agreement, less the penalty established therein and the aforementioned 150 € of management expenses. Said refund may be made by LA POLAR SAILING or by the nautical company.
For cancellations caused by reasons of force majeure, it will be stipulated in the contract signed between the parties, which must pick up the case and the consequences of such cancellation. In these cases, LA POLAR SAILING will not charge any amount for customer management expenses.
On the part of the nautical company
Without prejudice to the causes included in the lease agreement, it is reported that the following cases will be grounds for automatic termination of the contract and / or reservation, without compensation or refund of the price paid to the client:
- Non-compliance by the client of the payments within the foreseen terms.
- Recklessness or non-compliance with the rules and legislation in force in the use of the vessel, which includes, but is not limited to: embarking more people than authorized, navigating outside the limits authorized for the vessel and its title.
- Failure to submit the necessary qualification for the boat's government, at the time of embarking on hiring where the client has not requested a Master.
- Failing to demonstrate sufficient competence in the government of the vessel, in hiring where the client has not requested a Master.
Agreements on these rules
If any of the terms of these conditions of service and contracting were declared null and void pursuant to the legislation in force, or by virtue of a judicial decision of a court or body with sufficient jurisdiction, the remaining terms thereof shall remain in force.
The changes in the web or in these conditions of use will be informed to the client and will be considered accepted by the client if he returns to enter www.lapolarcharter.com after said communication.
Claims and applicable jurisdiction
Claims will be made in writing and with a method of reliable reception, either at the address indicated in the first clause, by postal mail, or by e-mail at the indicated email address.
To resolve any dispute over the interpretation or its own jurisdiction, they expressly submit to the jurisdiction and competence of the marine authorities and, where appropriate, to the courts and tribunals of Ibiza (Spain).
These conditions are subject to Spanish law.