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 followed by the skipper’s acceptance of the activity request in a maximum of 48 hours, when the skipper has validated the booking or may not have and accepted the booking automatically. The confirmed booking immediately charges the card of the crew member 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 the full amount for the activity.
9. Content.
Sailwiz allows users to enter texts, photos, audio, video, in short, content in different formats (hereinafter, the "Content").
By entering Content you grant Sailwiz a non-exclusive, international, royalty-free, sublicensable and transferable license, during the protection period of the rights so granted, to access, use, store, copy, modify, make derivative works, distribute, publish , transmit, broadcast, disseminate and otherwise exploit said Content for the purpose of providing or promoting the Sailwiz Platform, on any medium or platform, known or unknown to date and, in particular, on the Internet and social networks.
Users are responsible for all the Content they contribute, and guarantee that they are the owners or are authorized to grant Sailwiz the rights referred to in these Terms. If any Content violates or violates the intellectual property or privacy rights of third parties, the responsibility will fall on the user who uploads the content. The Content must not be discriminatory, obscene, harassing, deceptive, violent or illegal.
You agree that Sailwiz may offer automatic services or tools to translate Content and that your Content may be translated using such services or tools. Sailwiz does not guarantee the accuracy or quality of translations, and it is up to users to report any errors in them.
10. Accepted Payment Methods
10.1. Payment Methods Available on Sailwiz
The Crew Member may pay the amount for the reserved 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, the main 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.
*Bank account payment: This option may be available in certain countries and is subject to the conditions and restrictions established by financial institutions and the applicable regulations in each jurisdiction. Sailwiz does not guarantee its availability in all cases nor assumes responsibility for limitations imposed by payment service providers.
*Bizum: Available exclusively for users residing in Spain, provided their bank supports the Bizum system. Availability of this option may vary depending on the payment gateway and the issuing bank of the user's account.
*Sailwiz gift cards: The booking amount may be paid wholly or partially with gift cards issued by Sailwiz. To learn about the applicable terms and conditions for these gift cards, it is recommended to consult the information available at the following link: https://www.sailwiz.com/es/tarjeta-regalo.
10.2. Alternative Payments: Installment Payments and Financing Methods
Sailwiz offers the possibility to pay for certain reservations in several installments through alternative payment solutions, either via external entities specializing in consumer financing or through direct agreements with Offering Users.
These options allow the Crew Member to pay the total cost of the Activity in installments, according to the following modalities:
a) Financing through collaborating entities
Sailwiz collaborates with consumer credit companies such as Scalapay, which allows payment in installments, subject to their acceptance conditions. The currently available plans are:
*Payment in 3 installments without interest.
*Payment in 4 installments with a total interest of 1% over the booking amount.
The first installment is charged at the time of booking confirmation. The remaining installments will be paid monthly over the following two or three months, depending on whether 3 or 4 installments were chosen.
The option to use Scalapay will appear in the payment process if available. If Scalapay is not available, the Crew Member may complete the payment using any other payment methods offered by Sailwiz.
In the event of a refund or cancellation of a reservation financed through installment payments with interest, the reimbursement of the amount paid, including interest, will be subject to the specific conditions of the financial entity managing the financing. As a general rule, the net booking amount will be refunded and, depending on the timing of the cancellation and applicable conditions, a full or partial refund of interest already paid may be processed. Sailwiz assumes no responsibility for the terms and conditions of financing offered by third parties.
For more information, it is recommended to consult the terms of use directly on Scalapay’s official website.
b) Installment payments agreed with the offering user
Some Offering Users may offer the possibility to split the payment of the Activity into several installments. This option will be expressly indicated in the specific conditions of the Activity and must be accepted by both parties. Sailwiz will provide, where appropriate, the necessary technical mechanisms to manage these payments.
As a general rule, any refund or cancellation under this modality shall be governed by the provisions set forth in Sailwiz’s terms of use and, in particular, by the specific conditions accepted with each Offering User.
10.3. Limitation of Liability
Sailwiz does not endorse or recommend any alternative payment solutions nor the products or services they offer. Likewise, Sailwiz assumes no responsibility for the content, acts, or omissions of such alternative payment solutions. The use of any of these payment methods by the Crew Member is at their sole responsibility and shall be subject to the terms and conditions of each alternative payment solution.
Offering Users accept that Crew Members may book their activities published on Sailwiz using the alternative payment solutions available on the platform. However, each Offering User will only be responsible for the financing they directly provide to the Crew Member in relation to their activities, and will not assume any liability regarding financing that Crew Members may contract with third parties, including consumer credit companies or other Offering Users.
11. Credit to Sail or Miles
Miles are a virtual credit system offered by Sailwiz that allows Users to accumulate points by performing various actions within the Platform. These Miles can be used to obtain discounts when booking Activities available on Sailwiz, thus providing an additional and flexible payment method.
Miles are an exclusive benefit for registered Users, have no cash value, are non-transferable and cannot be exchanged for money. They may only be used within the Sailwiz ecosystem.
Users can earn Miles through various actions, including but not limited to: sending a unique invitation link to third parties; receiving invitations from other Users; reviewing booked Activities; and booking certain Activities included in this program.
Users can check their balance and access detailed information about the Miles program in their personal profile, under the “Credit to Sail” section of the Platform.
Offering Users expressly accept the application of the discount referred to as “Credit to Sail” on bookings made through the Platform.
Sailwiz reserves the right to manually review and verify bookings made using Miles, to ensure proper and responsible use of the program and to prevent potential fraud. Additionally, Sailwiz may modify, suspend, or partially or completely cancel the Miles program at any time, with reasonable prior notice to Users via the Platform or through the registered contact details. For more information, Users may consult the current Terms and Conditions.
For more information about the program and how to earn Miles, Users can visit https://www.sailwiz.com/plan-amigo.
11.1 Specific Conditions
The following specific conditions govern the use and application of the “Credit to Sail” or Miles in bookings made through the Platform, establishing the limits, exclusions, and criteria to be observed by both Users and offering Users.
a) The maximum discount applicable via Miles on a booking will be 20%, although this percentage may be lower depending on the particular conditions each offering User has agreed with Sailwiz, which will be regulated and supervised by Sailwiz.
b) Miles cannot be combined with other promotions or simultaneous discounts.
c) Some Activities may be excluded from using Miles as a payment method, as indicated in the specific conditions of each Activity.
11.2 Expiration
Miles will be valid for two (2) years from their assignment or from the last action taken by the User or by Sailwiz that modifies the Miles balance. At that point, the expiration period will be renewed and a new two-year period will begin. If no such action occurs within the two-year period, the Miles will automatically expire without the right to claim them back.
11.3 Use of Miles as a Payment Method
During the payment process, Users may apply their Miles to receive discounts. The discounted amount and the number of Miles redeemed will be shown in the purchase summary. The remaining amount can be paid using the regular payment methods available on the Platform. Under no circumstances can Miles be exchanged for cash or transferred to third parties.
11.4 Refunds
If the booking is eligible for a refund and this has been agreed upon with the offering User, the Miles used for the booking will be restored to the User’s Miles balance, thus restoring their available credit. The remaining amount paid using other payment methods will be refunded according to the general refund terms set out in Sailwiz's Terms of Use.
In case of cancellation of an Activity, and provided that the User received Miles associated with that booking, Sailwiz will deduct from the User’s balance the number of Miles previously awarded in relation to the canceled Activity.