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Terms and conditions

YOU AND WAHIVA

Your use of Wahiva's products, software, services and website (collectively "Services") is subject to the terms of this Terms of Use Agreement. If you use the Services on behalf of a corporation or other legal entity, "you" means the entity and the user guarantees that he or she has the right to represent the entity in all its obligations. By using the Services, you accept and are subject to the following terms and conditions, as well as our Privacy Policy, incorporated herein by reference (collectively, the "Conditions"). If you do not agree with all the Conditions you are not authorized to use Wahiva services.

You agree to the terms by: (i) clicking to accept or agree to the Terms, where this option is available to you by Wahiva in the Service's user interface; or, (ii) use the Services. In the case of (ii), you understand and agree that Wahiva treats your use of the Services as if you had accepted the Terms from that point onwards. Wahiva reserves the right, at its discretion, to change, modify, add or remove any of the conditions, in whole or in part, at any time. Please check this website and the Conditions periodically for changes. Your use of the Services after such terms are published will mean that you accept these Terms. Wahiva is solely a platform and is not part of any rental agreement or other transaction between users of the Website.

Wahiva.com acts as a platform for Web users as tenants ("tenants") and owners / lessors ("shipowners"). Tenants can see, compare and reserve available boats from shipowners. Shipowners are the real providers of recreational boat rental services and additional extras services. Wahiva is limited to showing the shipowners' fleet on the web, assisting the tenant in the booking process, charging the price of the tenant's reservation on behalf of the shipowner and paying the shipowner this agreed amount minus his commission for intermediation services. Wahiva is not part of any real agreement or transaction between tenants and shipowners, although we may from time to time provide tools that relate to a reservation, such as a tool to allow a lessee to conduct a transaction directly to rent a particular vessel from a shipowner As a result, the shipowner will act with due diligence to verify that all of your information displayed on Wahiva.com is true and complies with the law.

The shipowner agrees that the information provided to Wahiva regarding the characteristics and general condition of its vessels must be updated at the time it is aware of it, being under its responsibility any deviation with respect to the reality that may be detected by a tenant. In accordance with Article 17. Of the LSSICE, the responsibility of the service providers that provide links to contents or search tools as Wahiva does are the following:

1. Wahiva will not be responsible for the information addressed to the recipients of its services, provided that:

  • a) They do not have effective knowledge that the activity or information to which they refer or recommend is unlawful or that it damages property or rights of a third party susceptible of compensation, or
  • b) If they have it, act with diligence to suppress or disable the corresponding link. 2. The exemption of liability established in section 1 shall not operate in the event that the content provider "Shipowner" to which it is linked or whose location is provided acts under the direction, authority or control of the provider that facilitates the location of those content

The tenant can request from Wahiva all the documentation he deems necessary about the vessel he wishes to reserve and Wahiva will request such documentation from the shipowner, so that the tenant can complete the reservation knowing all the aspects that he considers necessary to make the decision. to make the payment. Tenants must ensure before boarding the vessel and leaving the port that the rented boat meets all the legal requirements for that rental and the tenants and shipowners have exclusive responsibility for such compliance.

Identification data

In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, we inform you:

Wahiva is a registered trademark dedicated to the intermediation in the rent of pleasure boats in an online way belonging to the group of companies of Wahiva Nautical Charters SL. Wahiva Nautical Charters SL with CIF B67261982, is a company domiciled for the purposes of the present information in the street Castillejos 246 bis, low 2 of Barcelona, ​​and is currently in charge of the operation, management and operation of the website www.wahiva.com. Other contact information that we put at your disposal: info@wahiva.com.

Data Protection

In accordance with the current legislation on data protection, we inform you that the personal data you provide us through any form on Wahiva.com or any other means, will be incorporated into a file owned by Wahiva for the purpose of managing the service requested and to keep you informed about other services and products that may be of interest to you.

You can exercise the rights of access, rectification, opposition and cancellation by contacting info@wahiva.com or info@icharter.es.

Independent Agreements

You acknowledge and agree that you will have to enter into a separate agreement and / or resignation from a shipowner before making a reservation or purchasing a product or service and such agreement and / or waiver may impose additional restrictions on your reservation, product or service. Wahiva will limit itself to acting as communication channel in this agreement. All agreements and / or exemptions related to the rental of a ship or the related products or services are under the exclusive control of any shipowner or supplier and you.

Release and Compensation

WAHIVA is not responsible, in any case, for damages of any kind that may cause, by way of example: errors or omissions in the content, lack of availability of the portal or transmission of viruses or malicious programs or harmful content, despite having adopted all necessary technological measures to prevent it.

It will be related to the moment of time:

  • Before signing the lease between the parties:
    Wahiva is only responsible for the management and formalization of the reservation of the chosen vessel, and for the management of reservation and lease payment between tenant and shipowner, in accordance with the conditions and parameters established and the characteristics announced.
  • After signing the lease between the parties:
    In the case of a dispute between a tenant and a shipowner arising from the lease of a vessel, the lessee must claim it from the shipowner or otherwise the shipowner from the tenant depending on the cause behind the dispute. Wahiva mediates between tenant and shipowner to try to reconcile and reach an agreement acceptable to both parties. In this sense, the tenant and shipowner recognize Wahiva as a third party in their legal lease relationship. Since Wahiva is limited to contact the tenant and shipowner so that these later, at their own risk, formalize the lease. Wahiva informs that it expressly requests all the final service providers (shipowners) a good performance of the same, in full compliance with industry standards and the lease agreement. The breach of this obligation by the final service providers (shipowners) implies that Wahiva can decide not to have them at Wahiva.com

Insurance

Wahiva.com is not part of any insurance contract provided through any link to a liability insurance provider advertised on the Web, nor the insurance contracted by the owner for the provision of the service and is not acting on behalf of any insurer, no broker or agent, no insured or any claimant in any contract for the insurance provided through said link. Insurance coverage is provided through an independent insurance producer not affiliated with Wahiva.com. Wahiva.com does not act as a broker, agent or consultant in the sale of insurance, is not sponsored or recommended by any insurer or terms of coverage in particular. It simply provides a link so that, if you wish, you can arrange a contract for insurance. Any insurance contract is exclusively between you, as the insured and the insurer agrees to act as an insurer. You acknowledge and agree that Wahiva.com assumes no responsibility for any claim or dispute arising out of, or related to, a contract for the insurance provided through such link. You also acknowledge and agree that Wahiva.com will not be included as a party to such claims or disputes.

Terms of use

As a condition of use of the Services, the user guarantees that (i) if you are going to operate a ship, you are responsible for making sure that you are legally authorized to operate a ship in the country and state / province in which you is renting; (Ii) who possess the legal authority to create a binding legal obligation; (Iii) that you will use this website in accordance with the Terms; (Iv) will only use this website to view rental of available boats or make legitimate boat rental transactions for you or for another person for whom you are legally authorized to act with Members; (V) inform other persons about the terms and conditions that apply to the rental of vessels that have done in their name, including all laws, regulations, rules and restrictions applicable to them; (Vi) all information provided by you to Wahiva is true, accurate, current and complete, and (vii) if you have a Wahiva.com account, which will safeguard your account information and will monitor and be fully responsible for any use of your account for you and nobody else but you. Wahiva reserves the right, in its sole discretion, to deny access to the Services to any person at any time and for any reason, including, but not limited to, violation of the Terms.

Use of the Website

The content and information on the Wahiva website (this "Website") (including, but not limited to, the prices and availability of ships listed in any inventory database), as well as the infrastructure used to provide such content and information, it is owned by Wahiva, its licensors, its suppliers and lenders. While you can make limited copies of your reservation documents (and related documents) for boat rentals booked through this website, you agree to and you have no right to modify, copy, distribute, transmit, display, execute, reproduce, publish, license, create derivative works of, transfer or sell or resell any information, software, content, products or services obtained from or through this Website. Also, you do not agree on:

  • use this website or its contents for any commercial purpose without our express written permission
  • make any speculative, false or fraudulent reservation or any reservation in anticipation of the claim
  • access, control or copy any content or information on this website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission
  • violate the restrictions of any robot exclusion header on this website or referral or circumvent other measures employed to prevent or limit access to this Website
  • take any action that imposes or may impose, at Wahiva's discretion, an unreasonable or disproportionately large load on Wahiva's infrastructure
  • deep links to any portion of this website (including, without limitation, the route of purchase of any boat rental reservation) for any purpose without our express written permission
  • Frame, mirror or otherwise incorporate any part of this website into any other website without our prior written authorization

Identity Verification

Verification of the user on the Internet is difficult.

Wahiva will request:

  • to the lessee documentation of the type: ID, ID, passport, nautical title, nautical curriculum... which will be sent to the shipowner to expedite the process on the day of arrival to the ship. Wahiva can not guarantee the veracity of these documents and assumes that they are real and there is no falsification and identity theft.
  • to the shipowner documentation of the type: fiscal and legal identification. Wahiva can not guarantee the veracity of these documents and assumes that they are real and there is no falsification and identity theft.

Exclusion of Guarantees

Wahiva does not guarantee that the boats visible on the web, nor those that the landlord has marked as blocked are available. The web works as a catalog displaying all boats whether or not available. The lessor will be contacted by a commercial who will confirm the ship's availability a posteriori. A vessel is not officially confirmed until it has been paid and the client has received a reservation confirmation email.

Wahiva will provide the tenant with all the documentation required on the vessel except for: name of the vessel, registration number and name of the owner company (to avoid that the tenant can bridge to Wahiva) and will act diligently so that the tenant has all the necessary information so that you can carry out the leasing of the boat with the shipowner in a safe and conscious manner of the contracted.

Some jurisdictions do not allow the exclusion or limitation of implied warranties, so in these jurisdictions the limitations or exclusions do not apply.

Limitation of liability

In line with what was previously described in the terms of use paragraph according to Article 17. LSSICE. As to the leasing relationship of the vessel between the lessee and the shipowner, neither Wahiva nor its officers, partners, directors, employees, agents, subsidiaries or affiliates will be liable to tenant and / or shipowner for:

  • Direct or indirect damages / losses arising from the unavailability of the services in cases of force majeure (eg storms, bad sea...), accidents or similar of the vessels subject to the lease agreement between tenant and shipowner.
  • Any loss or damage that may be incurred, as a result of the changes that Wahiva may make in the services, or by any permanent or temporary cessation in the provision of the services.
  • Any bodily injury or death that may occur as a result of an accident related to the reservation facilitated through the use of Wahiva services.

You agree that Wahiva is not party to any contract or agreement for the rental of boats or is in any way responsible for injuries to persons or property that may occur during or related to a boat rental either as a result of the negligence of any vessel operator, or shipowner, or the safety of any ship or for any other reason. Notwithstanding the conditions, if Wahiva becomes responsible, the aggregate total liability of Wahiva under or arising from these terms or services will be limited to its intermediation commission. Some jurisdictions do not allow the exclusion or limitation of certain damages, so in these jurisdictions the above limitations or exclusions may not apply.

Compensation

You agree to defend and indemnify Wahiva, against any claim, causes of action, claims, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees , brought as a result of:

  • your breach of the terms
  • your violation of any law or the rights of a third party
  • improper use of this Website and the Services

Ownership of materials

The Services contain proprietary materials such as logos, text, software, photos, videos, graphics, music and sound. Wahiva is the owner or licensee of all those proprietary materials and all intellectual property rights thereon, including, without limitation, copyrights and trademarks. In the use of the Services, you agree not to upload, download, distribute, or reproduce in any way any property material without obtaining the prior consent of Wahiva, except that you may make limited copies of your reservation documents (and related documents) for the rental of boats reserved by this website.

Unsolicited ideas and comments

From time to time, users send us ideas or suggestions regarding our business, such as ideas for new products or technological improvements, website or improvement tools, processes, materials, marketing plans or new product names. We do not request such ideas or suggestions nor are we under any obligation to review or consider them. If you decide to submit any ideas, initial creative work, suggestions or other works ("Submissions") in any way to us, then, regardless of what you say, write or provide us in relation to your submissions, the following terms will apply. The sole purpose of this policy is to avoid misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, appear similar to any of its possible presentations.

If you provide us with any presentation, you agree that (1) your presentation and content will automatically become our property without any compensation to you; (2) we may use or redistribute any presentation and its content for any purpose and in any way; (3) there is no obligation for us to review any presentation; and (4) there is no obligation to keep any presentation confidential.

No Spam, Spyware or spoofing

We and our users do not tolerate spam. You can not use the site to send spam or send content that violates the Terms.

Links to third-party websites

The Services may contain links to other websites operated by third parties other than Wahiva ("Third Party Sites"). Wahiva's links to these other third-party websites are for informational purposes only and do not imply any endorsement of the products, services or material of such third-party websites, nor any association with its sponsors or operators. You can access any third party website at your own risk. We are not responsible in any way for such third party websites or resources. We will not have any liability as a result of your use of such third party websites and resources, and your use of such sites and resources will not be governed by these Terms.

General compliance with laws

You must comply with all laws, statutes, ordinances and regulations regarding your use of the Services.

Headers

The headings are for reference only and in no way define, limit, interpret or describe the scope or scope of said section.

Assignment

This Agreement, the conditions, services and modifications to it may not be assigned or in any way transferred by you without the prior written consent of Wahiva. Wahiva may assign this Agreement, the Terms, and any information you provide without your consent, including, without limitation, in connection with the sale of your business, assets, a merger or other similar operation.

Law that governs

The terms of this Agreement will be interpreted in accordance with the substantive laws of Spain. The original form of this Agreement has been written in English. The parties waive any statute, law or regulation that could be provided by an alternative law or forum or may require this Agreement to be written in any language other than English. This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods.

Choice of forum and place

This contract is governed by the provisions of its own clauses and, in matters not foreseen by them, by the legislation of the Kingdom of Spain.

Both contracting parties expressly agree to submit to the Courts and Tribunals of the municipality of Barcelona capital, except when the Law empowers the User to choose another jurisdiction.

These general conditions are ruled by the Spanish Law. The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user's domicile.

We inform you that you have the right to request an extrajudicial resolution of consumer disputes accessible through the Internet address http://ec.europa.eu/consumers/odr/.