1.1. These General Terms and Conditions are applicable to commercial relations between 150 CHARTER, S.L. (hereafter, “150 Charter”) and its Customers (subject to the definition of “Customer” in Clause 3).
1.2. By contracting the Services offered by 150 Charter, the Customer explicitly agrees to the General Terms and Conditions and the Specific Conditions, in such cases as they apply, for each product or service contracted (which, jointly where applicable, shall form the basis of the “Contract”), the Specific Conditions taking precedence over the General Terms and Conditions in all cases to which they apply. Both Parties give their consent for the Contract to be formalized by any legally permissible means, including e-mail, recorded telephone call, digital signature or electronic signature, and for the Contract to be stored or reproduced using any available means.
1.3. The General Terms and Conditions and the specific conditions for each service, as applicable, can be accessed at https://aboattime.com/en/Legal/conditions/
2.1. 150 Charter, at the present time, and notwithstanding any other commercial activity it may undertake in the future, either independently or through its subsidiaries or affiliates, provides recreational boat charter services and other associated services and products
2.2. The company is registered with the following details:
Company name: 150 Charter, S.L.
Company address: Rafael Calvo 42, Esc. dcha, 3º izq. - 28010 – Madrid (Spain).
E-mail address: email@example.com
Registration details in the Commercial Registry of Madrid: Volume 28198, Folio 118, Section 8, Page M-507907, Register 1.
Tax Identification Number: B-86083755.
3.1.Individual of legal age or duly represented legal entity who accepts the Contract in its entirety (hereafter, the “Customer”). Acceptance of the Contract is a mandatory requirement for registering as a Customer of any remote service requiring registration and for contracting any of the services provided by 150 Charter or purchasing any of the products sold by 150 Charter.
3.2.All those aged under eighteen will not be accepted as Customers. The Customer declares, under his/her sole responsibility, that he/she is over eighteen years of age and that all of the personal information provided is true to his/her knowledge.
3.3. The Customer declares and warrants that he/she is legally empowered to sign the Booking Form on his/her own behalf or for any agents or representatives acting in his/her name and acknowledges that acceptance shall imply being bound by the General Terms and Conditions and by the conditions established in the Booking Form.
4.1.The purpose of the Contract is to regulate the provision of intermediary services for the charter of recreational boats and/or, where applicable, the provision or sale of other associated services or products by 150 Charter to the Customer in exchange for payment by the Customer, under the terms established in said Contract.
4.2. Unless expressly indicated to the contrary, 150 Charter acts as an intermediary in all recreational boat charter services, associated products or services or any other products or services offered via its Website. As such, 150 Charter is only responsible for establishing contact between the final service provider and the Customer. Therefore, 150 Charter shall be considered as an intermediary solely responsible for establishing contracts on behalf of the Customer and the final service provider, promising no other services and not bound by performance obligations. As such, 150 Charter shall not be responsible for the non-performance or exact and compliant performance of those services that fall under the scope of the Contract between the final service provider and the Customer. As part of the intermediary service, the third party responsible for the final provision of the contracted service makes 150 Charter expressly responsible for, and 150 Charter accepts responsibility for, management of payment by the Customer for those services and/or products contracted via www.aboattime.com.
4.3. The Customer acknowledges that the role of intermediary between the Customer and any third party responsible for the final provision of the contracted service is exclusively the responsibility of 150 Charter. For this purpose, the Customer expressly acknowledges that 150 Charter shall be exclusively responsible for formalizing the booking with the third party responsible for the final provision of the service, in compliance with the conditions established in the Booking Form, and for payment by the Customer of the contracted service and any extras that he/she may also have contracted
4.4. As such, 150 Charter will carry out all of the proceedings and operations required to transmit to conditions under which the Customer has formalized the services contracted via the Booking Form to any third party responsible for the provision of the service in question
4.5. Changes may not be made to the parameters selected by the Customer once they have been entered in the Booking Form, pursuant to the provisions made in Clause 16. If express agreement is reached between both Parties, any changes to said parameters and conditions can only be made in accordance with the terms of Clause 16
4.6. The Customer accepts that the third party responsible for the final provision of the service may adapt the services to which the Contract applies in response to technological advances or to products from a different range or with similar (or superior) functionality. Any such adaptation shall not be considered a substantial amendment to the original Contract and will not be considered sufficient grounds for claims for breach of contract by the Customer.
4.7. 150 Charter offers the Customer a catalogue of available products and services, which can be consulted at http://www.aboattime.com. The Customer expressly declares his/her acknowledgement that the products and/or services that can be contracted via www.aboattime.com (with the exception of any extras offered directly by 150 Charter) are offered in accordance with the specific configuration and characteristics defined by the third party responsible for the final provision of said services and/or products. The Customer also acknowledges that 150 Charter has at no point amended or adapted the defined configuration and characteristics to offer the service and/or product via www.aboattime.com. The third party responsible for the final provision of the service and/or product shall be solely responsible for the accuracy and truthfulness of the definition of these services and/or products, with the exception of any clear typographical error.
The Customer declares he/she understands the difference established between the services and/or products offered by 150 Charter, as follows:
- Recreational boat charter service, contracted by the Customer.
- Services associated to the recreational boat charter service contracted by the Customer.
- Extras associated to the recreational boat charter service contracted by the Customer.
Should a product or service cease to be offered via www.aboattime.com for organizational or commercial reasons after it has been contracted by the Customer, the Customer accepts that said contracted product or service may by replaced by another product or service from the same range and with similar or superior specifications to those of the product or service originally contracted. In the event that no such replacement product or service is available, the Customer accepts that 150 Charter shall terminate the contract and reimburse all sums paid until that point..
5.1 The Contract will be fully valid and effective from the moment the Customer accepts the Booking Form, unless 150 Charter notifies the Customer of its non-acceptance in a period that shall not exceed seven (7) working days from the date of acceptance by the Customer.
5.2. The Contract shall have the duration established in the Booking Form for recreational boat charter and/or associated services and/or extras, as applicable.
6.1150 Charter has the obligation to transmit the parameters established by the Customer in the Booking Form to the third party responsible for the final provision of the contracted service.
6.2. 150 Charter shall also have the obligation to charge the Customer the price of the services contracted via the payment gateway set up for this purpose on the Website www.aboattime.com, following the procedure established in Clause 9.
6.3. 150 Charter will provide the Customer via www.aboattime.com with confirmation of acceptance of the contracted services immediately after acceptance of the Booking Form, which will be made available for the Customer to save to his/her computer. Acknowledgement of receipt will also be sent to the e-mail provided by the Customer for this purpose, within 24 hours of acceptance of the Booking form.
6.4. 150 Charter will also provide the Customer via www.aboattime.com with the option to identify and, where necessary, correct any errors appearing in the personal details entered in the corresponding form at the time of contracting the services in question.
7.1. The Customer undertakes at all times to provide accurate and truthful information for the details requested in the Booking Form and in any other form he/she is required to complete in order to contract the services offered by 150 Charter and to ensure that this information is kept up to date. The Customer also expressly undertakes to provide the final provider of the contracted service with all details and information that may be requested for the correct provision of the service in question.
7.3. The Customer expressly acknowledges his/her responsibility to pay the costs of the services contracted, respecting the procedure, periods and quantities stipulated in the Booking Form and in Clause 9.
7.4. The Customer expressly acknowledges that by contracting the services in question he/she is obliged to make use of these services in accordance with the conditions established by 150 Charter and the final service provider, in a correct manner and in compliance with any applicable regulations. The Customer accepts all responsibilities that may result from an incorrect use of the contracted services.
7.6. The Customer expressly accepts that, in order to guarantee all of the Customer’s rights, both 150 Charter and the final provider of the contracted service will be entitled to:
a. Supervise the service in question, respecting at all times the confidentiality of any communication and the Customer’s right to privacy.
b. b. Amend the conditions under which the service is offered, due to technical requirements or the application of new legal provisions, both of which sets of circumstances will be notified via www.aboattime.com.
8.1. To contract the services offered by 150 Charter via www.aboattime.com, the Customer must complete the procedure explained below:
- Access the Website www.aboattime.com
- Select the conditions of the recreational boat charter service required (base, start date, duration, skipper requirements, number of passengers and type of boat) and click on the “Set Sail” button to access a filtered list of the available options matching these conditions.
- Selected the preferred option from the list by clicking on the “Select” button on the right of the option.
- If applicable, selected the extras required and the number where necessary, and click on the “Continue” button.
- Fill in the personal details for the booking and the total amount to be paid to reserve the selected products or services or, if preferred, the percentage to be paid as a reservation fee, which must be equal to or greater than 20% of the total price. By clicking on the “Pay” button, the Customer confirms that he/she accepts these General Terms and Conditions, as indicated in the text appearing next to the button. The General Terms and Conditions can be accessed by clicking on the link next to the “pay” button.
- Proceed to payment in the payment gateway on www.aboattime.com.
9.1. In consideration for the services contracted, the Customer undertakes to pay the total price agreed and accepted in the Booking Form (to this end, the total price will include the taxes displayed in the price breakdown in the Booking Form).
9.2. At the time of accepting the booking, the Customer undertakes to make an initial payment of between 20% and the total booking price, to be determined by the Customer, in consideration for the service contracted, including extras where applicable. If a Customer contracts services to be offered within one (1) month of the booking date, he/she will be required to make a single payment of the total price of the service and/or products or pay 100% of the costs in various payments that must be made within forty-eight (48) hours of the initial payment.
9.3. If the Customer chooses to make an initial payment that is less than the total booking cost for the services in question, he/she must pay the remaining amount, in one or more payments, by no later than thirty (30) days before the start date of the contracted charter period. If the Customer contracts a service and/or product to be offered less than one (1) month from the booking date, he/she must make the appropriate payments in accordance with the provisions made in Sub-clause 9.2, above.
9.4. The Customer expressly undertakes to make the payments corresponding to the total price of the services and extras contracted, and any other payments required for the correct provision of the service, to 150 Charter and to the third party responsible for the provision of the service in question (which shall include, where applicable, any sums payable to the third party responsible for provision of the service as a deposit for the charter of the selected boat, in accordance with the conditions established by said third party).
9.5. The Customer will pay the amounts corresponding to the provision of the services contracted via the payment gateway set up for this purpose on the Website www.aboattime.com, following the procedure established in Clause 8.
As such, any third party to have used the details corresponding to the Booking Form, such as usernames, passwords, booking number or any other details required to access the Booking Form, received from the Customer in order to make a partial payment towards the total cost of the contracted services, and who has made a payment of any amount in accordance with the terms of this Clause, will immediately be assigned the condition of Customer. As such, the third party in question will immediately become jointly and severally responsible for the payment of all sums owing to 150 Charter in relation to the Booking Form. Both the newly assigned Customer and any other Customer shall in all events be bound by the General Terms and Conditions outlined in this document and by any Specific Conditions or conditions of other types that may be applicable.
9.6. The Customer must make the total payment via the payment gateway for this purpose on the Website using one of the following accepted credit cards: Visa, Visa Electron, MasterCard, Diners Club and American Express. To make the payment, the details must be entered as stipulated in Clause 8.
9.7. 150 Charter undertakes to make no charge to the card whose details have been provided by the Customer for payment without prior authorization by the Customer, with the exception of any sums payable as penalty charges for early cancellation, in accordance with the terms of Sub-clause 16.2.
9.8. 150 Charter will reimburse any sum paid by the Customer with the exception of the amount corresponding to 20% of the total price charged as a reservation fee, and subject to the following conditions:
a. That the Customer withdraws from the Contract or cancels the Booking Form in accordance with the terms of Clause 16.
b. That the Customer has not paid the total price of the services contracted, respecting the deadlines established in this Clause.
c. That 150 Charter decides to cancel the Booking Form in accordance with the terms of Clause 16.3 (this is the only condition under which the Customer shall be entitled to reimbursement of all sums paid, including the 20% of the total price charged as a reservation fee).
All reimbursements to which the Customer is entitled will be made with ten (10) days of the cause upon which this entitlement is based, and will be credited directly to the card whose details were provided by the Customer at the time of the booking.
9.9. All claims that the Customer wishes to make regarding charges made to his/her credit card account must be made known to 150 Charter within sixty (60) days of the charge being made, according to the terms of Clause 13.1.
9.10. In addition, 150 Charter reserves the right to refuse the provision of its services to any user with whom it is involved in legal proceedings.
9.11 La reserva realizada se deberá ajustar al siguiente Calendario de Pago:
10.1. The Customer expressly acknowledges that the provision of the final service contracted will be the responsibility of a third part, with 150 Charter acting solely as an intermediary between the Customer and said third party. Accordingly, both Parties acknowledge that the service provided by 150 Charter is limited to informing the third party responsible for the final provision of the service of the conditions and terms according to which the Customer has formalized the booking via the Website www.aboattime.com and charging the Customer the corresponding price of the service.
11.1. The content of the Contract, and all details, documentation and information of any kind exchanged between the Parties for the purposes of formalizing the Contract shall be treated as confidential for the duration of the Contract, with the exception of those details expressly authorized for release to or use by third parties
In order to contract the Services offered via the Website www.aboattime.com (hereafter, the “Website”), 150 Charter requires Users to provides certain personal details. In this case, 150 Charter provides the User with the necessary information to give prior consent for 150 Charter to process any personal details for the purposes of contracting Services via the Website and to incorporate them into the corresponding file owned by 150 Charter.
150 Charter, S.L., with registered company address in Madrid, Rafael Calvo 42, Esc. dcha, 3º izq., CP 28010, and tax identity number B-86083755, notifies its Users that all personal details provided when completing the corresponding form on the Website will be incorporated into a personal data file under the responsibility of 150 Charter for the management of its User registry, recorded by the General Register of the Spanish Data Protection Agency.
150 Charter complies with the provisions of Organic Law 15/1999, of 13 December, on the Protection of Personal Data (hereafter, “LOPD”), Royal Decree 1720/2007, of 21 December, which approves the Regulation implementing LOPD (hereafter, “RLOPD”), and all other applicable legislation, and undertakes to ensure at all times the correct use and treatment of the personal details provided by the User. 150 Charter notifies the User of the specific data treatment conditions applicable to its User registry, in accordance with the provisions made in the abovementioned legislation.
In accordance with the above legislation on the protection of personal data, 150 Charter informs the User that the details he/she provides may be disclosed to third parties for purposes directly related to the provision of the Services contracted by the User via the Website. Accordingly, the User expressly authorizes 150 Charter to disclose or, where applicable, cede personal details and information provided for the purposes of contracting services via the Website. Personal data will be disclosed to third parties by 150 Charter solely for the purpose of establishing, duly observing and monitoring the legal relationship established between the User and 150 Charter. The third party to whom personal details are disclosed by 150 Charter undertakes to use the data exclusively according to the demands of 150 Charter and in strict compliance with the provisions made in the abovementioned legislation on the protection of personal data.
150 Charter may also use the details provided by the User for statistical analyses aimed at improving its services on the basis of User preferences.
150 Charter undertakes to comply with its obligation to maintain the secrecy of the personal data provided and to ensure that all security measures stipulated in the applicable legislation are adopted to prevent alteration, loss, unauthorized access and incorrect use of these data. In turn, the User warrants that the data he/she provides when contracting the Services offered by 150 Charter are truthful, accurate and complete. In addition, the User undertakes to maintain all personal information up to date. As such, any changes to the details provided at the time of contracting the Services of 150 Charter must be notified in writing to the address indicated in the following paragraph.
In accordance with the provisions made in the abovementioned legislation, the User may exercise the right to access, rectification, erasure and objection to processing by writing to 150 Charter, S.L. Ref. Datos, Rafael Calvo 42, Esc. dcha, 3º izq., CP 28010, Madrid, or by sending an e-mail to the address firstname.lastname@example.org, attaching a photocopy of his/her passport or national identity document for the purposes of verifying his/her identity.
In the contracting procedure for Services offered by 150 Charter, Users will only be asked to provide those details specifically required for the purpose. Compulsory data for the registration process are marked with an asterisk.
In accordance with the terms of Act 34/2002, of 11 July, on Information Society Services and Electronic Commerce (hereafter, “LSSI”), by marking the checkbox for this purpose on the corresponding page, the User provides his/her express consent to receive information and commercial messages from 150 Charter via any means of communication, including e-mail, about the services and activities offered by the company. This information may include, but shall not be restricted to, participation in prize-draws, invitations to events, gifts, invitations to participate in surveys, corporate information and commercial messages on the services offered by 150 Charter. The User may at all times object to the processing of his/her personal details for promotional purposes by exercising the right to access, rectification, erasure and objection to processing, notifying 150 Charter at either of the addresses given above.
Users who do not wish to receive cookies or wish to be informed of their installation can activate these settings in their Web browser. For further information on activating these settings, consult the instructions and manuals for your browser or send an e-mail to the address email@example.com
150 Charter accepts no liability for the content, commercial activities, products or services that may be viewed by accessing external links on the Website, either directly or indirectly. 150 Charter shall not be held responsible for any actions deriving from the use of hyperlinks on the Website or for the consequences of accessing these links. In accordance with Article 17 of the LSSI, 150 Charter shall only be liable for the contents and services contained in external sites accessed via links on the Website in the event that it has effective knowledge that such content is illicit and does not proceed to deactivate the link with the necessary due diligence.
Should any amendment require prior consent by the User, due notification will be sent and the User may object to said amendment within thirty (30) days of receiving notification, by sending an e-mail to firstname.lastname@example.org or by standard mail to 150 Charter S.L., Rafael Calvo 42, Esc. dcha, 3º izq., 28010 Madrid.
a. 150 Charter recognizes the Customer's right to resolve contractual disputes via a simple procedure consisting in notifying 150 Charter, by any means permitting certification of the claimant’s identity, of the content of the claim and the date of its presentation. Once 150 Charter has received notification of the dispute or claim in question, a response will be issued no later than one (1) month after the date of receipt.
b. 150 Charter has a Customer Support Service for resolving claims and contract disputes either directly or through third parties.
c. The claims referred to in the previous paragraph must be presented by telephone +34 917025530 or, preferably, by sending an e-mail to the address email@example.com or by writing to the following address:
150 CHARTER, S.L.
A/A. Servicio de Atención al Cliente
Rafael Calvo 42, Esc. dcha, 3º izq. - 28010 – Madrid
d. Customers using the Customer Support Service for this purpose will be given a claim reference number. The Customer acknowledges that the presentation of a claim of any type has not bearing on the obligation to pay the sums due within the agreed periods. 150 Charter will respond to claims no later than one (1) month after reception of said claims
a. The Customer undertakes to compensate 150 Charter and its suppliers, licensors, sub-contractors, agents, representatives and employees, and any third party responsible for the final provision of the contracted service, where applicable, for any responsibility deriving from the incorrect use by the Customer of the contracted service or in the event of non-compliance by the Customer with any of the obligations stipulated in the Contract, including but not restricted to the breach of any representation or warranty. The Customer shall be solely responsible for the payment of any compensation for damages owing to third parties and/or 150 Charter.
14.1. The Customer expressly accepts that 150 Charter acts only as an intermediary between the Customer and the final provider of the contracted service and that 150 Charter assumes no risk or liability for the operation entered into.
14.2. 150 Charter offers no guarantee general or specific guarantees for, but not restricted to: (1) the suitability of the contracted service and/or agreement between the conditions of the service offered and those delivered by the third party responsible for final provision of the service; (2) the satisfactory quality of said service. The third party provider of the service shall in all cases be responsible for guaranteeing such aspects as those outlined above.
15.1. The responsibility of 150 Charter for any acts attributable to the company shall be limited exclusively to direct damages caused by: errors in the transmission of the booking parameters and conditions established by the Customer to those third parties responsible for the final provision of the service, and interruption, loss, fault, failure to supply, destruction, unauthorized access, alteration and incorrect use of the files created by the Customer in contracting a service via www.aboattime.com, provided that the Customer acted in strict compliance with the General Terms and Conditions of Use of said Website.
15.2 150 Charter shall not accept any responsibility for failure or delay in the delivery of services in such cases as the delay in question is caused by industrial or lock-outs, supply constraints, civil disturbance, acts of terrorism, insurrection, fire, flooding, storm, explosion, earthquake, Internet failure, computer viruses, war, government action or any other force majeure that could be reasonably considered beyond the control of 150 Charter.
15.3. The Customer undertakes to make correct use of the boats and other materials contracted via www.aboattime.com, following in all cases the instructions and indications provided by 150 Charter and by any third party responsible for the final provision of the service in question. Consequently, the Customer shall be solely responsible for any damage, imperfection or loss attributable to him/her and will be obliged to pay compensation in any such case arising. The Customer will also be obliged to satisfy any claim for compensation for attributable damages made by 150 Charter and/or the third party responsible for the final provision of the service.
16.1. Under no circumstances shall the Customer be permitted to make changes to the parameters of the Booking Form once the initial payment has been accepted and processed
16.2. The Customer shall be entitled to withdraw from the Contract under the following circumstances:
a. Prior to the period of thirty (30) days before the date on which the provision of the service commences, in accordance with the terms of the Booking Form. In this case, the Customer will not be entitled to reimbursement of the sum paid as a reservation fee, corresponding to 20% of the total price of the contracted service, or to the partial sum which, added to the reservation fee, gives a total of 50% of the price of the contracted service, which will be withheld as a penalty charge for early cancellation. In the event that the Customer has only paid an amount, in one or more payments, corresponding to less that 50% of the total price of the contracted service, 150 Charter will apply a charge for the partial sum which, added to the amount paid, gives a total of 50% of the price of the contracted service, which corresponds to the penalty charge for early cancellation. To charge the early cancellation fee, 150 Charter shall be entitled to use, at its discretion, any of the payment details provided in the Booking Form that the Customer wishes to cancel. The reimbursement of any other amount paid by the Customer – as distinct from the reservation fee and penalty charge for early cancellation – will be made in accordance with the terms set out in Clause 9.
b. At any point during the period of thirty (30) days before the date on which the provision of the service commences, in accordance with the terms of the Booking Form. In this case, the Customer shall not be entitled to the reimbursement of any amount paid for the contracted services. Additionally, in the event that the total amount paid by the Customer is less than 50% of the total price of the contracted service, 150 Charter will proceed to charge the Customer the partial sum which, added to the amount paid, gives a total of 50% of the price of the contracted service.
The Customer must send any request to withdraw from the Contract in writing and clearly dated to 150 Charter (either by standard mail to the address given in Clause 1.1.c or by e-mail to the address firstname.lastname@example.org)
16.3. 150 Charter reserves the right to cancel, reject or suspend a Booking Form in any of the following cases:
a. When duly requested by judicial or administrative authorities.
b. When 150 Charter harbours reasonable doubts as to the veracity of the personal or payment details provided by the Customer and does not receive certifiable proof of the veracity of said details upon request and within the period stipulated for this purpose.
17.1. 150 Charter may proceed to amend the content of these General Terms and Conditions provided that there is sufficient cause or motive to do so. In all events, all amendments will be duly published on www.aboattime.com, stating clearly the associated motives and effects. An amendment shall be understood to have sufficient cause or motive when it has one of the following purposes
a. To extend the range or number of services offered to Customers or to improve existing services
b. To adapt the services to which the Contract applies to advances deriving from the development of new technologies, or
c. To adapt any of the existing Clauses to the legislation in force at any given time.
d. Due to the commencement of a new sales campaign.
17.2. These General Terms and Conditions may not be amended unless express written agreement is issued by 150 Charter. Any amended version of the General Terms and Conditions will take effect from the moment it is published on www.aboattime.com. As such, all Booking Forms submitted after the publication of the amended version shall be subject to the amended General Terms and Conditions.
17.3. The Customer expressly undertakes to consult the consult the General Terms and Conditions applicable at any given time prior to contracting services via the Website.
18.1. In the event that any Clause contained in the General Terms and Conditions is declared partially or totally null or invalid, said nullity or invalidity shall be applicable only to the disposition in question or to the part of the disposition that is null or invalid, not affecting the validity of any other part of the General Terms and Conditions.
19.1 These General Terms and Conditions and the contractual relationship established through their acceptance by the Customer are subject to all applicable provisions in Spanish law.
19.2 Any dispute arising from the interpretation or execution of the above will be resolved by the Courts of Madrid (Spain).
19.3 These General Terms and Conditions are valid as they appear in the version published by 150 Charter in Spanish.