Terms of use

In compliance with the reporting obligations contained in article 10 of Law 34/2002 from July 11th, from the Services Information Society and the Electronic Commerce, SAILWIZ will now be declared as a personal website managed by the company Ocean Tourist Services S.L. with CIF B87823605 (hereinafter SAILWIZ) residing at C/ Menendez Pidal, 19, 28036. Madrid.


1. Responsibility

Any person accessing this website assumes the role of user, committing to the observance and enforcement of the regulations herein, and any other regulation of law which may be applicable.
The provider exempts himself of any liability for the information posted on his website and for the lack of availability (crashes) from the site which will also make periodic stops for technical maintenance. In addition, the provider reserves the right to modify any information that could appear on the website without any forewarning or informing users of such obligations, understanding the publication of the website by the provider as sufficient.


2. Protection of personal data

The provider complies with Spanish regulations for the protection of personal data and ensures full compliance with the obligations under Organizational Law 15/1999, of December 13th, from the Protection of Personal Data (LOPD), Royal Decree 1720/2007 of December 21st, approving the regulations for the development of the LOPD and other regulations in force at any time, and ensures proper use and treatment of the user's personal data.
SAILWIZ occasionally uses affiliate links for products and services of brands that have established an affiliate program. These links are used exclusively after having used such products and services, or having conducted tests to evaluate that they meet an appropriate level of quality.

The provide agrees not to include arbitrary affiliate links to products that do not meet the conditions described above, also understanding that such practices would be very counterproductive for the reputation of owned website that it promotes.


3. Terms and conditions

Definitions

For the purposes of these Terms and Conditions, the following definitions shall apply:
"Crew member" is any physical person who uses the Website to solicit or obtain information about water activities or to participate in a transaction.
"Skipper" is the owner of the boat (or person designated by the owner) to pilot the boat.
"Users" are both the crew members and skippers, which will be referred to equally as Users in effects of these conditions.
"Vessel" under RIPA Code Rule 3, is any kind of ship, including non-displacement craft, low-level aircraft and seaplanes, used or that may be used as a means of transportation on water.
"Transaction" is each of the booking operations for activities accepted by a skipper and a crew member who have been in contact through the Website.
"Booking Request" is the process by which a crew member requests a nautical activity of a skipper. Said process is preceded by the skipper’s acceptance of the activity in a maximum of 48 hours when the skipper has validated the booking or may not have in this process and accepted the booking automatically. Confirmed booking immediately charges the card of the crewmember for the price amount of the activity.
"Commission" is the percentage SAILWIZ applies to the price of each activity.


4. Acceptance of conditions

4.1. The use of the Website by the Users implies full and unreserved acceptance of each and every one of the regulations contained in this clause as published by SAILWIZ at the time each of them accesses the Website. Consequently, Users should carefully read the conditions of use and privacy policy on each of the occasions they intend to use this Website, as they may change without notice.

4.2. These Terms and Conditions apply and are mandatory for anyone who uses the Website or browses it, who promises to fully and unconditionally accept them. In the event that a physical or legal person does not agree with any of the conditions contained in this agreement, he shall refrain from further use and signing up for the products and services offered by SAILWIZ, since the mere browsing of the Website is subject to the conditions contained herein.

4.3. SAILWIZ reserves the right to change the conditions of use and privacy policy of the website, so it is the duty of the physical or legal person who uses the site to periodically review these conditions.

4.4. To ensure traceability of the different versions of these terms and conditions, SAILWIZ may entrust a third party outside the relationship with crew members and skippers to registration and version control thereof, in which case all parties recognize the terms and conditions applicable to a particular date which it is registered with the third party as the only authentic version.

4.5. SAILWIZ is not responsible for the availability of the Website for use by the Crew Members and Skippers, registered or not; The company also does not accept any liability for damages arising from the use of the platform or communication mechanisms.


5. Purpose

5.1. SAILWIZ is a platform that facilitates contact between the Crew Members and Skippers. SAILWIZ acts as a mere intermediary in the performance of a booking service for water activities.

5.2. SAILWIZ is not part of the contractual relationship between the Skipper and Crew Member nor does it have property rights or any use of the vessel.


6. Booking process

6.1. The booking process of an activity through the website will consist of several steps, among which include: Search for activities: this functionality allows users to get information about activities; you do not need to be a registered user to access the catalog of activities.

Dialogue between Crew Members and Skippers: through this option, the Website will allow communication between both parties to detail or modify the particular conditions or limitations of each activity. SAILWIZ, as provider of this functionality and creator of the Website reserves the right to limit or monitor conversations between the crew member and the skipper to ensure proper compliance with the rights and obligations of each party.

Booking request of activities: this feature allows the Crew Member to request to participate in a nautical activity offered by the Skipper.

6.2. The Crew Member will pay the full price for the activity through the payment methods established by SAILWIZ. SAILWIZ will be responsible for transferring the price obtained from the Crew Member to the Skipper, under the agreed conditions.

6.3. SAILWIZ will not charge the Crew Member any additional fee for its services.


7. Transfer to the Skipper

7.1. The Skipper shall pay SAILWIZ, as compensation for the use of the Website, an amount that will result from applying a percentage to the base price of the activities published by the Skipper on the Website.

7.2. SAILWIZ will calculate the amount to be transferred to the Skipper for the activities contracted by the Crew Member and the amount to be settled by the Skipper to SAILWIZ by the use of the Website for each transaction. If the case of a return or cancellation, SAILWIZ will reimburse the corresponding amounts as quickly as possible.

7.3. The transaction will be made when the Skipper enters the booking code provided by the Crew Member during the activity into their personal section on the Website. The reception time of the amount for the activity may vary according to the bank to which the transfer is directed.

7.4. Payment by the Skipper of the amount earned by SAILWIZ for use of the Website shall be carried out by deducting the corresponding amounts of quantities SAILWIZ must pay the Skipper in accordance with the provisions of this article.

Thus, the income transferred by SAILWIZ to the Skipper will be the result of reducing the total actual income from the transaction by the corresponding payment amount for use of the Website, returns, losses and any other expenses incurred by SAILWIZ on behalf of the OWNER in accordance with these Terms and Conditions.

SAILWIZ will apply a commission to the Skipper for the intermediation service of 20% plus applicable taxes. SAILWIZ reserves the right to change this commission, notifying Skippers of this change, which may continue or cease their use of the platform due to this change.

7.5. SAILWIZ will issue a bill to the Skipper for its intermediation service adding the applicable taxes in each case.


8. Cancellation and Return Policy

8.1. Crew Members

When a crew member cannot attend a booked activity, it may be requested of the skipper to change the booking holder to transfer the reservation to a friend, relative, or acquaintance of the crew member. This change of ownership must be accepted by the skipper.

If the crew member does not know someone who they can transfer the booking to, they can cancel the reservation under the following conditions:

Full refund:

- When an activity is not confirmed, that is, the activity has not yet covered the minimum number of crew members set by the skipper, the user can cancel the booking and receive the amount paid in full.

- When the user cancels within the time constraints described below according to the duration of the activity (The duration of the activity is measured between the time of boarding and landing of the crew members).

* 60 days or more prior to activities of 72 hours (3 days) or more.
* 40 days or more prior to activities of 24 hours or more and less than 72 hours (3 days).
* 20 days or more prior to activities of less than 24 hours.

Refund of 50%:

- When the user cancels within the time constraints described below according to the duration of the activity (The duration of the activity is measured between the time of boarding and landing of the crew members).

* Between 40 and 59 days prior to activities of 72 hours (3 days) or more.
* Between 20 and 39 days prior to activities of 24 hours or more and less than 72 hours (3 days).
* Between 7 and 19 days prior to activities of less than 24 hours.

Once the spot is canceled, it will again be available to other users. In the event that the canceled spot becomes booked by another user, the original user will receive a full refund.

No refund:

- When the user cancels within the time constraints described below according to the duration of the activity (The duration of the activity is measured between the time of boarding and landing of the crew members).

* Less than 40 days prior to activities of 72 hours (3 days) or more.
* Less than 20 days prior to activities of 24 hours or more and less than 72 hours (3 days).
* Less than 7 days prior to activities of less 24 hours.

Once the spot is canceled, it will again be available to other users. In the event that the canceled spot becomes booked by another user, the original user will receive a full refund.

8.2. Skippers

If the skipper wishes to cancel an activity he/she should contact SAILWIZ. The crew members will be reimbursed the full amount. By canceling activities frequently, the website reserves the right to penalize the skipper´s activities in the search results and even cancel their account.

8.3. Payments to the skipper if the crew member cancels an activity:

When a crew member cancels a booking, the employer skipper will be paid under the following conditions:

No payment:

- When an activity is not confirmed, that is, the activity has not yet covered the minimum number of crew members set by the skipper, the crew member can cancel the booking and receive the amount paid in full and the skipper will not receive any payment.

- When the user cancels within the time constraints described below according to the duration of the activity (The duration of the activity is measured between the time of boarding and landing of the crew members), the skipper receive any payment

* 60 days or more prior to activities of 72 hours (3 days) or more.
* 40 days or more prior to activities of 24 hours or more and less than 72 hours (3 days).
* 20 days or more prior to activities of less than 24 hours.

50% payment:

- When the user cancels within the time constraints described below according to the duration of the activity (The duration of the activity is measured between the time of boarding and landing of the crew members), the skipper will receive 50% of the amount for the activity and the spot will be available for another crew member to book for the time remaining until the activity.

* Between 40 and 59 days prior to activities of 72 hours (3 days) or more.
* Between 20 and 39 days prior to activities of 24 hours or more and less than 72 hours (3 days).
* Between 7 and 19 days prior to activities of less than 24 hours.

If the canceled spot is booked by another crew member, the skipper will not receive any payment for the canceled spot.

Full payment:

- When the user cancels within the time constraints described below according to the duration of the activity (The duration of the activity is measured between the time of boarding and landing of the crew members), the skipper will receive 100% of the amount for the activity and the spot will be available for another crew member to book for the time remaining until the activity.

* Less than 40 days prior to activities of 72 hours (3 days) or more.
* Less than 20 days prior to activities of 24 hours or more and less than 72 hours (3 days).
* Less than 7 days prior to activities of less 24 hours.

If the canceled spot is booked by another crew member, the skipper will not receive any payment for the canceled spot.

8.4. Cancellations due to inclement weather.

If the activity must be canceled due to inclement weather, skipper and crew should agree on another date for the activity. If this alternative is not possible, SAILWIZ will reimburse the crew member for the amount of the activity minus a 5% charge for administrative costs.
We use owned and third party cookies to improve your browsing experience.
If you continue browsing we consider that you are accepting its use.