Terms of use
In compliance with the duty to provide information set out in Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, SAILWIZ is hereby declared as a website managed by the company Ocean Tourist Services SL with CIF B87823605 (hereinafter, SAILWIZ) with registered office at C/ Menendez Pidal, 19, 28036, Madrid.
1. Responsibility
Any person accessing this website assumes the role of User, committing to the observance and strict compliance with the provisions set forth herein, as well as any other applicable legal provisions.
SAILWIZ disclaims all liability for information published on its website when such information has been entered or manipulated by an unauthorized third party. The platform is not responsible for website unavailability (downtime), as the site will undergo periodic maintenance, nor for any damages of any kind that may arise from the use of the tool or its communication mechanisms.
SAILWIZ reserves the right to modify any type of information that may appear on the Website without prior notice, it being understood that its publication on the same is sufficient.
2. Protection of personal data
SAILWIZ strictly complies with the European and Spanish regulatory framework regarding the protection of personal data, guaranteeing full compliance with the obligations set out in Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD), ensuring the correct use, privacy and processing of User data.
The Website occasionally uses affiliate links for products and services from brands that have established an affiliate program. These links are used exclusively after having used said products and services, or after conducting tests that allow us to assess that they meet an adequate level of quality. SAILWIZ undertakes not to include arbitrary affiliate links to products that do not meet the conditions described above.
3. Terms and conditions
For the purposes of these Terms and Conditions, the following definitions shall apply:
"Activity": is any proposed trip, journey, sailing trip, boat rental, course, service or event offered on the website that can be booked by a User.
"Crew User": is any natural or legal person who uses the Web to request, obtain information or book any Activity.
"Offering User" or "Advertiser": is any natural or legal person (including nautical schools, shipowners or skippers) who makes available to other Users the possibility of booking an Activity through the Website.
"Users": a collective term that encompasses both Crew Users and Bidding Users.
"Vessel": according to the COLREGs Regulation 3, is any type of ship, including non-displacement craft, flying craft and seaplanes, used or capable of being used as a means of transport on water.
"Transaction": is each of the reservation operations of an Activity in which one or more Offering Users and Crew Users participate.
"Reservation Request": is the technical procedure by which a Crew User requests an Activity from an Offering User.
"Commission": is the economic concept for the digital intermediation, software and marketing service that SAILWIZ performs in the booking of an Activity.
4. Acceptance of the conditions
4.1. Use of the Website by Users implies full and unreserved acceptance of each and every one of the provisions included in this clause in the version published by SAILWIZ at the time each User accesses the Website. Consequently, Users should carefully read these terms of use and privacy policy each time they intend to use this Website, as they may be modified without prior notice.
4.2. These Terms and Conditions apply to and are binding on any person who uses or browses the Website, who agrees to accept them fully and unconditionally. If any individual or legal entity does not agree with any of the conditions contained in this agreement, they must refrain from continuing to use the Website and from contracting the products and services offered by the users through SAILWIZ, since simply browsing the Website is subject to the conditions contained in this document.
4.3. SAILWIZ reserves the right to modify the terms of use and privacy policy of the Website, so it is the obligation of the natural or legal person who uses it to periodically review these terms.
4.4. SAILWIZ is not responsible for the availability of the Website for use by users; likewise, SAILWIZ does not accept any liability for damages arising from the use of the Platform or its communication mechanisms.
5. Purpose, Legal Nature and Limitation of Liability
5.1. SAILWIZ is a web platform and a two-way technological environment managed by Ocean Tourist Services SL (Spain). Our activity is exclusively defined as a provider of digital intermediation and information society services, under Spanish Law 34/2002 (LSSI), Regulation (EU) 2022/2065 (Digital Services Act - DSA), and equivalent international e-commerce regulations.
As a global intermediary, the Platform's function is strictly limited to providing the technical, software, and communication tools to facilitate direct contact between its users, the submission of booking requests, and the technical processing of transactions. Through this digital platform, Offering Users can advertise spaces on their vessels or in their courses, and Crew Users can locate and book them directly and bilaterally.
5.2. Exclusion of Liability and Independence of Sailwiz.
The User expressly acknowledges and accepts, under any jurisdiction, that SAILWIZ is a completely separate and independent third party from any contractual relationships that may arise bilaterally between the Users themselves. Consequently, the platform is subject to the following absolute exclusions of liability:
a) Exclusion of Agency/Tour Operator: SAILWIZ is not a travel agency, tour operator, or package tour organizer under Royal Legislative Decree 1/2007 (Spain), Directive (EU) 2015/2302, or any other applicable foreign consumer protection or tourism law in the user's country of origin or destination. The Website operates completely independently of third-party services and is explicitly exempt from any costs or claims related to travel, transportation tickets, accommodation, or other peripheral expenses incurred by the Crew Member to participate in an Activity.
b) Maritime and Chartering Exclusion: SAILWIZ does not hold the status of shipowner, operator, charterer, maritime carrier, or charter company, in accordance with Spanish Law 14/2014 on Maritime Navigation, the flag or registry laws of the vessel, or international maritime law conventions. The platform does not exercise operational control, ownership, use, maintenance, or inspection over any of the vessels or courses published.
c) Exclusion of Sale of Services: The formalization of a reservation or the processing of monetary transactions through the website does not constitute a contract for the provision of nautical, educational or transport services between SAILWIZ and the Crew User.
5.3. Mandate for Collection, Settlement and Retention of Funds.
Offering Users grant SAILWIZ an irrevocable mandate for collection management and commercial intermediation to receive and provisionally safeguard reservation funds on their behalf, with the platform acting solely as an authorized commercial agent. Consequently, the payment made by the Crew User through the payment gateway fully discharges their debt to the Offering User from the moment of its technical confirmation, under any applicable commercial or contract law.
As a general rule to ensure the security of transactions and the correct execution of the activity, SAILWIZ will retain the funds collected and will only proceed to the settlement and payment in favor of the Offering User once the Activity has been effectively executed, deducting the corresponding Commission of the platform.
The Offering User is solely responsible, whether civilly, commercially, or criminally, for the fulfillment of the Activity in any scenario. However, in those exceptional cases where, through specific conditions or written contracts, SAILWIZ authorizes the early settlement of funds prior to the execution of the Activity, the Offering User agrees to hold SAILWIZ completely harmless financially.
If a refund to the Crew Member is due in accordance with these Terms and Conditions, the Offering User shall be obligated to immediately and unconditionally reimburse SAILWIZ for the total amounts released to them, along with the corresponding SAILWIZ Commission, which is borne by the Offering User in the event of cancellation, so that the platform can technically process the full refund to the Crew Member. Alternatively, the Offering User may directly refund the Crew Member the full amount of the booking, in which case they shall be obligated to send SAILWIZ proof of payment within a maximum of 48 hours and separately pay the platform the accrued Commission. In the event of non-payment by the Offering User to the Crew Member or the platform, SAILWIZ shall have a direct and unconditional right of recovery against the assets and property of said Offering User.
5.4. Nautical Responsibility, Authority on Board and International Maritime Regulations.
In accordance with global maritime practices, the Conventions of the International Maritime Organization (IMO), and applicable national laws (such as the Maritime Navigation Law in Spain or equivalent international maritime law), the Offering User (or the skipper designated by the Offering User) constitutes the Master's Sole Discretion/Skipper's Authority on Board. The Offering User is solely and exclusively responsible for the technical, civil, and criminal aspects of the vessel's operation, the safety of the crew, and all nautical decisions (including route alterations, port calls, or suspensions due to weather or force majeure).
Likewise, it is the sole responsibility of the Offering User to verify the mandatory qualifications, the clearance or registration of the vessel with the competent maritime or customs authorities of the corresponding country and the subscription and validity of the nautical civil liability and accident insurance required by local laws (including RD 607/1999 in Spanish waters or analogous insurance regulations in international or foreign waters), obliging to comply strictly with the provisions of the regulatory module of Advertiser Obligations.
5.5. Content Exemption, Ports of Destination Law and Indemnity Clause.
Under the liability exemption regime for internet data hosting (Art. 16 LSSI, Art. 6 of the European DSA and international safe harbor regulations), SAILWIZ does not perform physical audits of ships, preventive mechanical inspections, or verification of skipper qualifications, the veracity of the ads, profiles, prices and content being the sole responsibility of the Offering User.
Any claim for delays, onboard accidents, bodily injury, death, property damage, lost luggage, dissatisfaction with the service, or breaches of contract related to the Activity must be directed against the Offering User. Users, regardless of their nationality or the location where the activity takes place, agree to hold SAILWIZ harmless from any legal or extrajudicial claims, legal costs, attorney's and solicitor's fees, or administrative penalties arising from the performance of the nautical or training activity.
5.6. Autonomy in Setting Prices, Content and Absence of Commercial Control.
In accordance with the qualification criteria for digital intermediaries and current accounting regulations, both national and international (including IFRS 15):
a) Discretionary Pricing: The Offering User has the exclusive, independent, and discretionary right to determine, publish, and modify the final price of the places, activities, or courses they advertise on the Platform. SAILWIZ does not intervene, suggest, impose, or alter in any way the prices set by the Offering Users.
b) Responsibility for the Description and Itineraries: The Offering User is the sole author and responsible party for the creation of the advertisement's content, including the vessel description, crew requirements, dates, times, port of origin, port calls, and the planned itinerary, in accordance with the Advertisers' Obligations. The Offering User guarantees that this information is truthful, accurate, and up-to-date.
c) Absence of Inventory Risk: The Offering User acknowledges that SAILWIZ does not acquire or reserve places for subsequent resale. The commercial risk arising from the lack of occupancy of the vessel's places or the cancellation of courses is assumed solely and exclusively by the Offering User.
Consequently, users accept that SAILWIZ's intervention is limited to providing technical support to host such third-party generated content and processing payments under the collection mandate regulated in this clause, without the platform having commercial or editorial control over the economic conditions or execution of nautical activities.
In the event of cancellation of the Activity or withdrawal with right to a refund by the Crew User, the Offering User expressly accepts and assumes that the Commission accrued by SAILWIZ for the use of the software and commercial marketing actions will not be subject to refund or waiver, and will be entirely borne by said Offering User
6. Booking process
6.1. The process of booking an Activity through the Website will consist of several steps, among which we highlight the following: Search for activities: this functionality allows Users to obtain information about activities; it is not necessary to be a registered User to access the catalog of activities.
Dialogue between Crew Member and Offering User: Through this option, the Website will allow communication between both parties to detail or modify specific conditions or limitations of each Activity. SAILWIZ, as the provider of this functionality and creator of the Website, reserves the right to limit or monitor conversations between the Crew Member and the Offering User to ensure the proper fulfillment of the rights and obligations of each party.
Activity booking request: This functionality allows the Crew User to request participation in a nautical activity offered by the Skipper.
6.2. The Crew Member will pay the full price of the Activity through the payment methods established by SAILWIZ. SAILWIZ will be responsible for transferring the net amount obtained from the Transaction to the Offering User in accordance with the conditions, deadlines, cancellation fees, and Commission deductions agreed upon in Article 7.
7. Transfer and payment to the Offering User or Advertiser
7.1. Service Fee and Remuneration Concepts.
As full consideration for the use of the software tools, digital support, and platform intermediation, as well as for the commercial promotion, digital marketing, advertising positioning, and user acquisition activities carried out by the company, the Offering User will pay SAILWIZ a Commission consisting of 20% plus legally applicable taxes on the base price of the Activities published on the Website. SAILWIZ reserves the right to modify this Commission at any time, notifying Offering Users of this change, who may continue or cease using the platform from the date the change takes effect.
7.2. Calculation of the Amount to Transfer, Deductions and Refunds.
SAILWIZ will calculate the amount to be transferred to the Offering User for the Activities contracted by the Crew Users and the amount to be paid by the Offering User to SAILWIZ for the use of the Website for each Transaction. The Commission payment will be made by direct deduction from these amounts.
Thus, the net income transferred by SAILWIZ to the Offering User will be the result of reducing the total effective income obtained from the Transaction by the amount corresponding to the Commission, the refunds or cancellations applied in accordance with the general conditions or the particular conditions of the Offering User, the amounts that have already been subject to early settlement or advance payments in favor of said Offering User in accordance with point 5.3, and any other expenses or losses incurred by SAILWIZ on behalf of the Offering User in accordance with these Terms and Conditions.
7.3. Payment Time and Bank Terms.
The Transaction will be settled when the Offering User enters the booking code provided by the Crew User during the Activity into their personal account on the Website, thus confirming the effective provision of the service. Notwithstanding the foregoing, and regardless of the use of said code, any early or deferred payment agreements formalized in writing under section 5.3 will be fully respected.
In any case, the final transfer will be subject to technical verification of the reservation's validity. The time it takes for the funds to actually be received in the Offeror's bank account will depend exclusively on the processing times of their financial institution, and SAILWIZ will be completely exempt from any liability for bank delays beyond its technical control.
7.4. International Billing and Tax Obligations.
In accordance with current tax legislation, SAILWIZ will issue an official invoice to the Offering User for the digital intermediation and commercial promotion service provided, itemizing the applicable indirect taxes in each jurisdiction.
7.5. Autonomy and Coexistence of the Particular Conditions of the Offering User.
The General Terms and Conditions and the automatic parameters set out in SAILWIZ's Cancellation and Refund Policy constitute the basic regulatory framework of the Platform and will apply generally and supplementarily to all bookings. However, the Offering User has full freedom and autonomy to establish their own specific conditions, deadlines, time windows, and refund percentages applicable to their Activities (whether more flexible, restrictive, or non-refundable).
These specific terms and conditions of the Offering User will be integrated into and take precedence over those of the Platform insofar as they expressly contradict them, but in no case will they invalidate, render meaningless, or supersede the remainder of these General Terms and Conditions of SAILWIZ, which will remain fully in force and binding to regulate anything not specifically provided for by the Offering User. Likewise, the Offering User will retain the right to voluntarily authorize individual refunds or grant more favorable payment terms on an exceptional basis.
To comply with the freedom regulated in this clause, the Platform provides technical tools so that the Offering User can enter their own specific clauses, restrictions, and return policies. These conditions will be fully accessible to the Crew User during the checkout process and prior to payment, via a direct link and a mandatory acceptance checkbox.
The Crew Member is obligated to carefully review these specific conditions before making payment, expressly acknowledging that checking the box implies knowledge of and voluntary acceptance of the specific policies established by the Offering User in accordance with this point. It is the sole responsibility of the Offering User to ensure that the text of their specific clauses is written clearly, truthfully, and comprehensibly using the technical space provided for this purpose on the Platform.
7.6. Impact of Cancellations and Refunds on the Settlement of the Offering User.
When an Activity is cancelled, the determination of the amounts to be refunded to the Crew Member and the amounts to be settled will be governed, by default and in the first instance, by SAILWIZ's standard and supplementary Cancellation and Refund Policy. In those exceptional cases where the Offering User has configured and entered their own specific conditions at checkout (in accordance with section 7.5), the settlement will be calculated based on the specific terms and percentages set by said advertiser.
Regardless of the applicable policy (SAILWIZ's default policy or the advertiser's specific policy), the Offering User expressly accepts that the Commission accrued in favor of the Platform for the software and marketing services already provided will not be subject to waiver, bonus or refund in any cancellation scenario, with said cost being entirely borne by the Offering User.
Consequently, after the corresponding refund in favor of the Crew Member has been processed, SAILWIZ will automatically withhold, deduct, or claim the amount of said Commission directly from the Offering User's transaction balance, in accordance with the settlement and recovery rules established in section 7.2. Notwithstanding the foregoing, SAILWIZ reserves the exclusive and discretionary right to refund, credit, or waive the amount of said Commission in whole or in part to the Offering User, based on commercial criteria of customer loyalty, internal mediation, or exceptional circumstances duly assessed by the Platform, without such concession constituting an acquired right for future transactions.
8. Accepted payment methods
8.1. Payment methods available at Sailwiz
The Crew Member may pay the amount for the booked activities through the following payment methods enabled by Sailwiz and available in most countries, accessible from the booking process on the Platform:
*Credit or debit cards: Sailwiz accepts, through its payment gateway, all major credit and debit cards, including, but not limited to, Visa, MasterCard, and American Express. Acceptance of other cards may be subject to compatibility with the payment gateway used by the Platform at any given time.
*Payment via bank account: may be available in certain countries and is subject to the terms and conditions set by financial institutions and applicable regulations in each jurisdiction. Sailwiz does not guarantee its availability in all cases and assumes no responsibility for limitations imposed by payment service providers.
*Bizum: Available exclusively to users residing in Spain, provided their bank is compatible with the Bizum system. Availability of this option may vary depending on the payment gateway and the user's bank.
*Sailwiz Gift Cards: The booking amount can be paid in full or in part using gift cards issued by Sailwiz. For terms and conditions applicable to these cards, please consult the information available at the following link: https://www.sailwiz.com/es/tarjeta-regalo.
8.2. Alternative payments: installment payments and financing methods
Sailwiz offers the possibility of paying for certain bookings in several installments through alternative payment solutions, either through external entities specializing in consumer finance or through direct agreements with the offering users or advertisers.
These options allow the Crew Member to pay the total cost of the Activity in installments, according to the following methods:
a) Financing through collaborating entities
Sailwiz collaborates with consumer credit companies like Scalapay, which allows you to split payments into installments, provided you meet their acceptance conditions. The currently available plans are:
* Pay in 3 interest-free installments.
* Payment in 4 installments with a total interest of 1% on the reservation amount.
The first installment is charged upon confirmation of the booking. The remaining installments will be paid monthly over the following two or three months, depending on whether the payment plan of 3 or 4 installments was selected.
The option to use Scalapay will appear during the checkout process if it is available. If Scalapay is not available, the Crew Member can complete the payment using any of the other methods offered by Sailwiz.
In the event of a refund or cancellation of a reservation financed through installment payments with interest, the refund of the amount paid, including interest, will be subject to the specific terms and conditions of the financial institution managing the financing. As a general rule, the net amount of the reservation will be refunded, and depending on the timing of the cancellation and the applicable conditions, a full or partial refund of the interest already paid may be issued. Sailwiz assumes no responsibility for the financing terms and conditions offered by third parties.
For more information, it is recommended to consult the terms of use directly on the official Scalapay website.
b) Payments in installments agreed with the offering user
Some service providers may offer the option to pay for the Activity in installments. This option will be clearly stated in the Activity's terms and conditions and must be accepted by both parties. Sailwiz will provide the necessary technical mechanisms to manage these payments, where applicable.
In general, any refund or cancellation in this modality will be governed by the provisions of the Sailwiz terms of use and, in particular, by the specific conditions accepted with each offering user.
8.3. Limitation of liability
Sailwiz does not endorse or recommend any alternative payment solutions or the products or services they offer. Furthermore, Sailwiz assumes no responsibility for the content, actions, or omissions of such alternative payment solutions. The crew member's use of any of these payment methods is at their sole risk and is subject to the terms and conditions of each alternative payment solution.
Users offering services or advertising agree that crew members may book their activities listed on Sailwiz using the alternative payment solutions available on the platform. However, each offering user will only be responsible for the financing they provide directly to the crew member in connection with their activities, and will not assume any responsibility for financing that crew members may obtain from third parties, including consumer credit companies or other offering users.
