Pure Yachting by Marina Balear S.L. General Terms and Conditions

GENERAL

All yachts displayed on the website of Pure Yachting (as brand of Marina Balear Yates S.L.) are purely informative. An offer will be subject to review of availability and price.   

All content and data/prices displayed on our website (www.pure-yachting.com, pure-yachting.de, www.marina-balear.com, and linked pages) are without any explicit guarantee for correctness and completeness.  

Pure Yachting (as brand of Marina Balear Yates S.L.) accepts no liability for any direct, indirect or consequential damage suffered by any user in connection with our website or in connection with the use, inability to use or the results of the use of our website, the websites linked to it and the materials published on it, including but not limited to any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

BOAT CHARTER

The charter contract will include specific terms and conditions that apply to the booking of the yacht – such as the liabilities and duties of the contractual partners. Usually the charter agreement will be based on standard MYBA (The Worldwide Yachting Association) terms.

Contractual partners: The charter contract is concluded between the charter company (hereinafter referred to as OWNER and/or CHARTER COMPANY) and the charterer/RENTER . Pure Yachting (as brand of Marina Balear Yates S.L.) acts solely as an intermediary between the OWNER and the RENTER, and cannot be held liable for any failure or breach of this Agreement or any part thereof.

In the case of obvious errors in the calculation of the contracted charter fee and extras, the owner/charter company and the agency have the right and duty to correct the fee according to the valid price list, without affecting the legal validity of this contract.

Verbal promises and side agreements are only valid after written confirmation by the owner/charter company. Information is provided to the best of our knowledge, but without guarantee.

Should the contractually agreed service not be possible at the time of booking due to a travel ban between the customer’s home country and the country of provision, a postponement of the charter booking within 12 months is sought, but must be confirmed by the owner in each individual case. There is no legal claim to a postponement. If necessary, additional costs due to seasonal price adjustments must be taken into account. A postponement does not release from the contractually agreed payment dates. This agreement includes Covid 19 -related travel bans. In the event of a travel warning or travel restriction between the customer’s home country and the country of provision, the generally applicable cancellation conditions apply (unless otherwise agreed in writing). This agreement includes Covid 19 -related travel warnings and restrictions.

USE OF WEBSITE

By accessing the website (www.pure-yachting.com, pure-yachting.de, www.marina-balear.com, and linked pages) you agree to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. 

You may not:

• copy or modify content or material
• use any content or material for commercial and/or public purposes
• remove copyright or other proprietary notices from any material

Pure Yachting (as brand of Marina Balear Yates S.L.) is the owner or licensee of all intellectual property rights in our website and in the material published on it.

Links to our homepage are only permitted if they are made in a fair and legal manner that is neither damaging to our reputation nor falsifying or suggesting a form of association, approval or endorsement on our part (unless this is explicitly the case). You may not create a link from a website that does not belong to you.

If our websites contain links to other websites and content provided by third parties, these links are for the purpose of information only. We have no control over the content of those sites or resources and accept no responsibility for them – or for any loss or damage that may arise from your use of them.

DISCLAIMER: Any further claims of any kind against the charter company, the owner and the broker are excluded unless they were committed intentionally or through gross negligence. Bodily injuries are excluded from the disclaimer. In the case of any other applicable statutory provision, the claim against the owner/charter company is limited to the amount of the charter fee. Claims of the RENTER against the insurance cover are unaffected and remain valid.

JURISDICTION: The parties agree that this Agreement shall be governed by the laws of Spain and the jurisdiction of the Spanish courts.

SEVERABILITY CLAUSE: Should individual provisions of the contract be ineffective or unenforceable or become ineffective or unenforceable after conclusion of the contract, the validity of the remainder of the remainder remains unaffected. The ineffective or unenforceable provision shall be replaced by the effective and enforceable provision whose effects come closest to the economic purpose pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.